I am a physician in a 3 yr contract and have a better offer from another hospital 80miles away. I'm 1 yr into my contract with a no compete clause within a 50mile radius. The enity I work for has a network of clinics around the state including a primary care clinic 30 miles away from the other hospital, but I'm a specialist. What are the legal ramifications of breaking my contract? Could they use the no compete clause even though I'm not a primary care doctor? I'm willing to forward my contract. Thanks

You didn't say if your practice is in Iowa or not, but for the sake of this question I will make that assumption. If not then this advice is probably inaccurate. It's very difficult to offer advice about contract interpretation without reading the contract and that clearly needs to be done before you make any employment decisions that the contract covers. After all this is an employment contract. The clause to which you refer is commonly called a non-compete clause and I do have some limited information on my website concerning such clauses; I've previously represented a group of 20 to 25 physicians against a major Iowa medical institution renegotiating their employment contracts with the goal of eliminating such a clause. Yes we were successful for those with the patience to wait. You seem to understand that specialists may be treated differently than a family or general practice doctor. That's correct and depending on the needs of society the non-compete clause may be set aside by the courts. If there is no shortage or special circumstance non-compete clauses are enforced by the Iowa courts.

What isn't clear from the facts you've stated is the exact clause language. Non-compete clauses have two parts: time and geographic location normally defined by a radius from a definable location. What you've failed to state is from what location the 50 mile radius begins. Does the radius emanate from the clinic, from the hospital or from the outer edge of the hospital systems region? What does the contract language state? And then after that question is answered is the radius reasonable. I'm not sure 50 miles is reasonable, but that would depend on where the center is. The courts have upheld 30 mile radii, but 50 may be a grey area. The language needs to be read by an attorney and the facts of your specialty and whether there is a shortage of the services you provide developed. Also the radii question if vague will need to be clarified; and if not possible it may be a valid reason to void the entire contract provision; so long as you didn't write the contract. From my experience that's doubtful; the hospital systems have lawyers on staff; doctors do not.

Clearly you need a formal legal opinion. Call if you wish. Good luck. Steve Lombardi

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed. Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )
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