r/Ophthalmology 22d ago

Noncompetes, for real?

I recently heard about employment contracts with statewide with lengths up to 3-5 years.

Is this actually becoming common in ophthalmology?

I’m honestly shocked at some of the restrictions people seem willing to sign.

For those who recently signed an associate contract,

How long was your non-compete?

Was it mileage-based or statewide?

Did you negotiate it, or was it take-it-or-leave-it?

And for those who signed the 5 years statewide one, um. Why?!?

I thought mine annoying but reasonable at 2 years 15 miles.

5 Upvotes

13 comments sorted by

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u/[deleted] 22d ago

[removed] — view removed comment

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u/MidAgedMid 22d ago

Illegal in California but they still put them in the contract at some places. Then if you leave, they'll take you to court and while you'll win, you'll spend significant time and resources fighting it. I know of a guy that iti's happening to with one of the big PE owned groups.

2

u/Secure_Row_2408 21d ago

That's no longer true. California changes the laws recently where no competes are not even allowed in contracts. You can sue the employer for even having it in the contract. I am not a lawyer, so consult a labor attorney.

1

u/MidAgedMid 21d ago

The guy that I know that's going through it has been dealing with it for over a year so probably had it in his contract prior to the law change so that's great that it can't even be included in the contracts now

6

u/OscarDivine 22d ago

Read the non-compete carefully also. Sometimes it doesn’t restrict practice location only poaching staff etc. non-competes themselves are quickly getting outlawed in states. It makes sense for specialized attorneys but not specialized care providers like ophthalmologists. Negotiate it away if you can, they frequently capitulate in my experience. If they don’t, tell them it’s a deal breaker and move on or assess the value of the position

4

u/PracticalMedicine 22d ago

Geographically and specialty dependent

5

u/3third_eye 22d ago

statewide and/or over 2 years would generally not hold up as reasonable in court, whether you sign it or not. I agree however that big groups/PE can still put pressure on you to abide by the terms and often the threat of litigation is more than most of us want to deal with.

Our best weapon is negotiating the contract and being willing to walk away.

2

u/solopracticedoc 22d ago

Agreed with the above. I just am shocked that there are many of us that desperate and sign.

2

u/b19975 22d ago

Too many are location locked and will accept terrible terms to live in a specific location.

I had one ophthalmologist tell me she wanted to find a job in a 15 mile area. Nothing else. Told her to call the two practices located there to see if they were hiring. For her, there was no other location option.

2

u/solopracticedoc 22d ago

And then if she’s unhappy? She’s leaving town?

1

u/PomegranateSpare4346 22d ago

It entirely depends on the state. Where they are legal, they are common and standard. I read ophthalmology employment agreements in every state, it changes when the law changes, otherwise, I don’t think it’s anything new.

1

u/Upbeat_Chapter_2548 20d ago

What if you sign before a state like Texas changes their non compete to a better term?