David Clark Quoted in “Your Longtime Doctor Moves. Will You Lose That Physician Because of a Noncompete Clause?”The Washington Post June 8, 2019
David J. Clark, Member of the Firm in the Litigation and Employment, Labor & Workforce Management practices, in the firm’s New York office, was quoted in The Washington Post, in “Your Longtime Doctor Moves. Will You Lose That Physician Because of a Noncompete Clause?” by Emily Sohn.
Following is an excerpt:
It’s not clear how often doctors sign restrictive covenants, the contract clauses that limit where they can go or what they can say after leaving a job, says David Clark, a partner at Epstein Becker & Green, a law firm in New York. But restrictive covenants are widespread in many industries — including, anecdotally, in medicine. Just recently, Clark says, his mother’s eye doctor told her that he was leaving his practice but couldn’t tell her where he was going.
Laws vary by state — both in what’s allowed in physician contracts and what is enforceable. In some states — including Massachusetts, Rhode Island, Delaware and Colorado — health-care systems can’t legally enforce contract provisions that prevent health-care employees from working for competitors. Other states — including Texas, New Mexico, Connecticut and Tennessee — allow them with various limitations on how restrictive they can be. Most states don’t have any statutes addressing the issue, Clark says.
SF Gate, “Your Longtime Doctor Moves. Will You Lose That Physician Because of a Noncompete Clause?” by Emily Sohn.