Restrictive Covenants In Physician Employment Contracts Analyzed In The Journal Of American Physicians And Surgeons (AAPS)
With a non-compete agreement, a physician may be forced to leave the community, to start over in a distant locale, to sell his house in a down market, to remove children from their school, and to ask his spouse to quit a current well-paying job, Dr. Segal states.
An employer may have a legitimate business interest worthy of protection, Dr. Segal explains, if he has a considerable investment in recruiting the employee and setting up his practice.
Congress has dabbled-most recently with the proposed Workforce Mobility Act of 2025-in attempting to limit non-competes, but at present non-competition law remains a state-by-state affair. Dt. Segal spotlights California, Texas, Massachusetts, and Florida.
Another form of restrictive covenant is a patient non-solicitation agreement. Employers treat their patients as belonging to them. They would ideally prefer to prevent the now departed physician from rekindling his prior patient-physician relationships.
Dr. Segal outlines tactical tips for physicians to consider before signing a contract, and the issues in automatic contract renewals (“evergreen provisions”). He also suggests ways in which physicians bound by a non-compete can continue working without moving after employment is terminated.
He concludes that:“Employment covenants can feel like boilerplate, yet they govern where a physician lives, whom they treat, and whether patients keep the doctor they trust. Read every page while you still have a chair, a pen, and leverage.”
The Journal of American Physicians and Surgeons is published by the Association of American Physicians and Surgeons (AAPS), a national organization representing physicians in all specialties since 1943.
Contact: Jeffrey Segal, M.D., J.D., ... or Jane M. Orient, M.D., (520) 323-3110, ...

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