Faculty Collaboration Database

The Enforceability of Noncompete Clauses in the Medical Profession: A Review by the Workforce Committee and the Medicolegal Committee of the Council of State Neurosurgical Societies. Neurosurgery 2020 Nov 16;87(6):1085-1090

Date

10/24/2020

Pubmed ID

33094340

DOI

10.1093/neuros/nyaa426

Scopus ID

2-s2.0-85097340203 (requires institutional sign-in at Scopus site)   3 Citations

Abstract

BACKGROUND: In both academic and private practice, noncompete clauses are common in many neurological surgery contracts. Noncompete agreements vary, depending on various factors, including the surgeon's subspecialty, location, and business-related considerations. Each individual state's law on contracts determines the extent to which noncompete clauses are enforceable.

OBJECTIVE: To evaluate the disparate approaches of various states regarding the enforceability of these clauses and their components.

METHODS: This review surveys several of the most populous states' law regarding noncompete clauses. This analysis includes an evaluation of state statutes and common law regarding noncompete clauses. It also relies on legal treatises and law review articles.

RESULTS: The enforceability of the noncompete clause depends on the state in which the physician is employed.

CONCLUSION: It is imperative that individuals understand the content of any noncompete clauses in their contract, as well the climate of the state in which they practice. The state's approach determines whether any part or all of the noncompete agreement is enforceable. A review by the Workforce Committee and the Medico-legal Committee of the Council of State Neurosurgical Societies (CSNS) provides explanation of the common elements in restrictive covenants or noncompete clauses and reviews the enforceability of these clauses.

Author List

Huntoon K, Stacy J, Cioffi S, Swartz K, Mazzola C, Profitt C, Adogwa O

Author

Karin R. Swartz MD Assistant Dean, Professor in the Neurosurgery department at Medical College of Wisconsin

MESH terms used to index this publication - Major topics in bold

Contracts
Employment
Humans
Medicine
Societies
United States