Medical Non Compete Agreement Florida
The firm`s founder and director, Jonathan Pollard, has extensive experience in complex and non-competitive high-level litigation. He regularly advises physicians, executives and other senior officials on non-competition issues and defends these individuals in non-competitive, commercial and related litigation. Pollard has appeared in the New York Times, Bloomberg, the Wall Street Journal, FundFire, Law360, Litigation Commentary – Review, Digital Guardian, Chicago Tribune, PBS News Hour and more. He began his career in the famous boies trial company, Schiller -Flexner. He earned his J.D. in Georgetown, where he was editor of Law Review, and his B.A. from Cornell University, where he was elected to Phi Beta Kappa. For more information, please contact its headquarters at 954-332-2380. www.floridalaborlawyer.com/senator-marco-rubio-proposes-legislation-to-limit-non-compete-agreements-in-florida/ earlier this year, Gov. Ron DeSantis signed legislation that is expected to significantly limit the application of non-compete agreements to some physicians. The legislation added a new provision on the Florida Non-Competition Clause Act, Section 542.336 of the Florida Statutes, which states that a “restrictive alliance” between an employer and a physician is non-issue if “an institution, directly or through affiliated or related companies, employs all physicians or enters into contracts that practice such a specialty” in the same county. Such competition bans are not valid for three years after a second employer enters the same geographic market.
Effective July 1, Florida law now prohibits non-competition clauses between a physician and a facility that directly or indirectly employs all physicians or enters into specialty contracts in the same county. The new law also provides that the restrictive pact, for a period of three years after a second employer enters the market, which employs either directly or through related or related companies, one or more doctors practising the same medical specialty, remains null andible for a period of three years. The law expressly states that such restrictive alliances are null and void because they do not promote a legitimate business interest. The statute also contains supporting grounds for the non-will of restrictive alliances. Indeed, the law finds that such alliances do not benefit a patient because they restrict access to doctors and increase the cost of health care. The law firm has extensive experience in representing physicians on a wide range of issues related to physician competition agreements. In recent years, the firm has represented hundreds of physicians, including emergency physicians, cardiologists, nephrologists, neonatologists, plastic surgeons, sodom doctors, orthopedists, podiatrists, dentists and more. In addition, the Florida Non-Competition Clause Act is such that companies are not encouraged to use non-competitive agreements that are reasonable or limited.
In some legal systems, the courts will consider that an excessive and excessive non-competition clause is totally unenforceable and will conclude the non-competition agreement as a whole. In other jurisdictions, such as Florida, that is not the law. Instead, Florida courts are required to rewrite or revise an inappropriate non-compete agreement to make it appropriate. This is called the teaching of blue pencil. As a result, health systems often design competition restrictions that prevent physicians from working in a large geographic area. For example, non-competition prohibitions would prevent physicians from providing services to any location where the health system operates as institutions, offices or related businesses. With increasing consolidation between hospitals and health care providers, such restrictions often prevent a physician from working in several counties or even half of the state. Such dramatically broad restrictions are often unenforceable, as written.