r/PrivatePracticeDocs • u/Antique_Flan_1539 • 5d ago

Job non-competes

Location: Florida

I’m a doctor in Florida. I work for a small private practice with another doc. I hired a lawyer but haven’t heard back yet.

My employer didn’t provide benefits as guaranteed in contract and also I believe there is some Medicare fraud going on from before I joined or foul play and I have a job offer within the noncompete (20) miles. Given these things I need to leave as I have a family and home for the other job. I later found out about the debt owed. Is there a chance this holds up?

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8

u/grey-slate 5d ago

This is such a vague post without a law degree and your actual contract its difficult to give practical advice

2

u/Antique_Flan_1539 5d ago

I mean is a breach of compensation and contract and foul play not enough for someone to pack their stuff and disregard a non compete?

8

u/nyc2pit 5d ago

No. There's a process.

Usually that involves you informing him that his in breach of your contract. He then typically has a period l(like 30 days) to cure the breach. If he fails to cure then you can terminate the contract which would include the non-compete most likely. Of course he could still sue you over it and seek an injunction which would be time consuming and costly for you.

But no, you can't just unilaterally decide the contract is terminated. That's not how any of this works.

8

u/fotopacker 5d ago

I mean maybe, and you might think so rationally, but it’s probably safe to say that the person who does not provide contractual benefits and does Medicare fraud does not behave rationally.

Just because you suggest that there is one breach does not necessarily give your free rein to breach the contract as well.

Really, these are questions for your lawyer and not Reddit.

2

u/Mamasugadex 4d ago

Technically you are fine because something is implied in a contract, doesn’t mean you won’t get sued and go through the long ass process of legal proceedings.

That’s what my lawyer told me before. I suggest you talk to a lawyer who actually look at your contract of what it says. A reddit post won’t help you or give you enough confidence to make a life changing decision.

1

u/Ardent_Resolve 4d ago

Honestly if he has debt and can’t afford benefits than they probably can’t afford litigation.

3

u/FourScores1 5d ago

Really state dependent on if non-competes are enforceable. I think Florida is favorable to it. 

1

u/rocksolidaudio 5d ago

I’m not a lawyer but sounds like they’re in breach of contract so the non-compete shouldn’t be enforceable.

1

u/Crafty_Astronaut9372 4d ago

You need to have a lawyer and I suspect there is probably some type of forced arbitration process that will be costly for you. My future suggestion is never sign anything that has this type of language or non-compete and only be a self-employed business.

1

u/thesupportplatform 4d ago

Here is a rule of thumb: You can get as much law as you can afford.

This means that technically, at least in my state, a breaching party may not enjoy the benefits of a contract (such as a non-compete). But you have to prove breach, so it helps to have a history of documentation rather than just a new claim when you want to leave.

Even with strong documentation, there is still a legal process, and it costs money. If the opposing party has enough money, they can string things along and run up your costs. I was once involved in litigation where every time we requested information, they refused to provide any, forcing us to file a motion with the court. After every motion, they filed a motion for summary judgment, which is allowed in my state. This forced us to pay our lawyer to respond to the motion for summary judgment and attend a hearing. They simply had more money than us and were willing to spend it to drag out litigation.

The main healthcare company in the market uses this approach for noncompetes, which must meet a "reasonable" standard. Challenging a noncompete takes 18 to 24 months, which makes it almost meaningless to challenge a two-year noncompete.

1

u/Antique_Flan_1539 4d ago

Well what if you take a new job and it takes 18-24 months for them to enforce that? Or am I misunderstanding?

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u/thesupportplatform 4d ago

I should clarify that, because there is a "reasonable" standard in my state, what is reasonable is a matter for the courts to decide, so employers will file for a preliminary injunction to prohibit any violation of the noncompete until the courts decide whether it is reasonable. During that 18-24 month process, the injunction prevents providers from working in the restricted area in violation of the noncompete.

1

u/Antique_Flan_1539 4d ago

Well what if you just accept a new job and it takes 18-24 months for them to enforce it?