• Facebook
  • Youtube
  • Instagram
  • LinkedIn
Call us now: (602) 344 9865
Chelle Law
  • Home
  • Medical Contract Attorney
    • Dentist Contract Attorney
      • Dental Associate Employment Contracts 
        • Can a Dental Associate Break Their Contract?
        • How a Dentist Should Negotiate a Contract
        • How is a Dentist Given a Draw in a Contract?
        • Red Flags in a Dentist Employment Contract
        • What Should a Dentist put in a Termination Letter?
      • Dental Malpractice Insurance
        • Claims Made Insurance for a Dental Associate Explained
        • How Much Does Tail Insurance Cost for a Dentist?
        • Occurrence Based Insurance for a Dental Associate Explained
        • Should a Dentist Choose Claims Made or Occurrence Insurance?
        • What is Tail Insurance for a Dentist?
      • Dental Non Compete Clause
        • Dental Associate Non Compete vs Non Solicit
        • Dental Non Compete Mile Radius Explained
        • Dental Non Compete Time Limits Explained
        • Dentist Non Compete Restricted Offices Explained
        • Is a Non Compete Enforceable Against a Dentist?
      • Dental Contract Benefits 
        • Does a Dentist Have to Repay a Bonus if they Terminate the Contract?
        • How Much PTO Should a Dental Associate Get?
        • How Much Should a Dentist get for CE Expenses?
        • Should a Dentist be Reimbursed for Moving Expenses?
        • What Expenses Should a Dental Practice Pay For a Dentist?
      • Dental Independent Contractor Agreements
        • Are Dentists Usually Self Employed?
        • Dentist Independent Contractor Tax Deductions
        • Dentist Independent Contractor vs Employee
        • Is a W2 or 1099 Better for a Dental Associate?
        • What is a 1099 Dentist?
    • Nurse Practitioner Contract Attorney
      • Nurse Practitioner Employment Contracts
        • Can a Nurse Practitioner Break Their Contract?
        • How a Nurse Practitioner Should Negotiate a Contract
        • Red Flags in a Nurse Practitioner Employment Contract
        • What is the Most Common Nurse Practitioner Compensation Model?
        • What Needs to go in a Nurse Practitioner Termination Letter?
      • Nurse Practitioner Malpractice Insurance
        • Claims Made Insurance for a Nurse Practitioner Explained
        • How Much Does Tail Insurance Cost for a Nurse Practitioner?
        • Occurrence Based Insurance for a Nurse Practitioner Explained
        • Should a Nurse Practitioner Choose Claims Made or Occurrence?
        • Tail Insurance for a Nurse Practitioner Explained
      • Nurse Practitioner Non Compete Clauses
        • How Many Locations Should a Nurse Practitioner Non Compete Apply To?
        • Is 10 Miles a Reasonable Non Compete for a Nurse Practitioner?
        • Is a 2 Year Non Compete for a Nurse Practitioner Reasonable?
        • Is a Non Compete Enforceable Against a Nurse Practitioner?
        • Nurse Practitioner Non Compete vs Non Solicit
      • Nurse Practitioner Contract Benefits
        • Does a Nurse Practitioner Repay a Bonus if the Contract is Terminated?
        • How Much Paid Time Off Should a Nurse Practitioner Get?
        • Should a Nurse Practitioner be Reimbursed for Moving Expenses?
        • What Benefits Should be in a Nurse Practitioner Offer Letter?
        • What Nurse Practitioner Expenses Should an Employer Pay For?
      • Nurse Practitioner Independent Contract Agreements
        • Is a W2 or 1099 Better for a Nurse Practitioner?
        • Nurse Practitioner Independent Contractor Tax Deductions
        • Nurse Practitioner Independent Contractor vs Employee
        • Nurse Practitioner Self Employed vs Independent Contractor
        • What is a 1099 Nurse Practitioner?
    • Optometrist Contract Attorney
    • Physician Contract Attorney
      • Medical Employment Contracts
        • J-1
          • ECFMG Eligibility
        • How Many Years Should the Term of a Physician Contract Be?
        • Should a Physician Accept an Arbitration Clause?
        • What Is the Best Without Cause Termination Length in a Physician Contract?
      • Medical Malpractice Insurance
        • What Is Claims-Made Insurance For a Physician?
        • What Is Occurrence Insurance for a Physician?
        • Should a Physician Choose Claims-Made or Occurrence Malpractice Insurance?
        • What Is Tail Coverage for Physician Malpractice Insurance?
        • When Does a Physician Need to Pay for Tail Insurance?
        • How Much Does Tail Insurance Cost for a Physician?
        • 3 ways a physician can get out of paying for tail insurance
      • Non-Compete Agreements
        • Is 10 Miles a Reasonable Restriction in a Physician Non-Compete?
        • Is a 2-Year Physician Non-Compete Too Long?
        • How Many Locations Should a Physician Non-Compete Apply to?
        • Is a Non-Compete Enforceable Against a Physician?
      • Medical Professional Contract Benefits
        • How Much Should an Employer Give a Physician for CME Expenses?
        • What Physician Business Expenses Should an Employer Pay for?
        • How Much PTO Should a Physician Get?
        • Should A Physician Receive Relocation Reimbursement When Moving for a New Job?
        • Does a Physician Have to Repay a Sign-On Bonus When They Leave?
        • Does A Physician Have to Repay Relocation Assistance If They Leave?
      • Independent Contractor Agreements
        • Can a Physician be an Independent Contractor?
        • Physician Independent Contractor vs Employee
        • Is a W2 or 1099 Better for a Physician?
        • What is a 1099 Physician?
        • What Percentage of Physicians are Self Employed?
    • Physician Assistant Contract Attorney
      • Physician Assistant Employment Contracts
        • Can a Physician Assistant Break Their Contract?
        • How a Physician Assistant Should Negotiate a Contract
        • Red Flags in a Physician Assistant Employment Contract?
        • What is the Most Common Physician Assistant Compensation Model?
        • What Should Go Into a Physician Assistant Termination Letter?
      • Physician Assistant Malpractice Insurance
        • How Much Does Tail Insurance Cost for a Physician Assistant?
        • Should a Physician Assistant Choose Claims Made or Occurrence Insurance?
        • Tail Insurance for a Physician Assistant Explained
        • What is Claims Made Insurance for a Physician Assistant?
        • What is Occurrence Based Insurance for a Physician Assistant?
      • Physician Assistant Non Compete Clauses
        • How Many Locations Should a Physician Assistant Non Compete Apply To?
        • Is 10 Miles a Reasonable Non Compete for a Physician Assistant?
        • Is a 2 Year Non Compete for a Physician Assistant Reasonable?
        • Is a Non Compete Enforceable Against a Physician Assistant?
        • Physician Assistant Non Compete vs Non Solicit
      • Physician Assistant Contract Benefits
        • Does a Physician Assistant Repay a Bonus if the Contract is Terminated?
        • Should a Physician Assistant be Reimbursed for Moving Expenses?
        • What Benefits Should Go In a Physician Assistant Offer Letter?
        • What Physician Assistant Expenses Should an Employer Pay For?
      • Physician Assistant Independent Contractor Agreements
        • Can a Physician Assistant be Self Employed?
        • Is a W2 or 1099 Better for a Physician Assistant?
        • Physician Assistant Independent Contractor Tax Deductions
        • Physician Assistant Independent Contractor vs Employee
        • What is a 1099 Physician Assistant?
    • Veterinarian Contract Attorney
      • Veterinary Associate Employment Contracts
        • Can You Break a Veterinary Associate Contract?
        • How is a Veterinarian Given a Draw in a Contract?
        • How to Negotiate a Veterinary Associate Contract
        • Red Flags in a Veterinary Associate Contract
        • What Should be in a Veterinary Associate Termination Letter?
      • Veterinary Malpractice Insurance
        • What is AVMA Excess Limit Coverage?
        • What is AVMA Veterinary License Defense Insurance?
        • What is Occurrence Insurance for a Veterinarian?
        • What is the AVMA PLIT?
        • Why Veterinarians Do Not Need Tail Insurance
      • Veterinary Non Compete Agreements
        • How Many Locations Should a Veterinary Non Compete Apply To?
        • Is a Non Compete Enforceable Against a Veterinarian?
        • Veterinarian Non Solicit vs Non Compete
        • Veterinary Non Compete Mile Radius Explained
        • Veterinary Non Compete Time Limits Explained
      • Veterinary Professional Contract Benefits
        • How Much PTO Should a Veterinary Associate Get?
        • How Much Should a Veterinarian get for CME Expenses?
        • Must a Veterinarian Repay a Bonus if They Terminate the Contract?
        • Should a Veterinarian be Reimbursed for Moving Expenses?
        • What Veterinarian Business Expenses Should an Employer Pay For?
      • Veterinary Independent Contractor Agreements
        • Pros and Cons of Employment at a Corporate Veterinary Office
        • Should a Veterinarian be a W2 or a 1099?
        • Veterinarian Independent Contractor Tax Deductions
        • Veterinary Independent Contractor vs Employee
        • What is a 1099 Veterinarian?
  • Our Attorneys
    • Robert S. Chelle, Esq.
    • Renee Osipov, Esq.
    • Erin Howlett, Esq.
  • Results
  • Contact Us
  • Search
  • Menu Menu

Dental Associate Non Compete vs Non Solicit: Solicitation Concerns for Dentists

Non-solicitation clauses versus non-compete clauses for dentists. What’s the difference? What’s the same? And what is typical in a dental employment agreement? Let’s start with non-solicitation clauses. Non-solicitation clauses are a promise to not solicit patients, employees, or third-party contractors for a specific period after your employment terminates with your dental practice. What this looks like is you’re either terminated or you terminate your employment with the practice, and you leave. A non-solicitation clause states that for a period, typically one to two years, you are prohibited from reaching back out to those employees of the practice or to the patients that you had provided services for while you were an employee. Solicitation, sometimes, is defined in the agreement itself. It may say you’re prohibited from directly soliciting or indirectly soliciting.

Associate Dentists Can Have Restrictive Agreements

If you see a language like that, it’s important to see within the employment agreement if it’s defined, if it’s not, it’s customary that you should reach back out to that prospective employer and ask them to define those terms for you. And to me, directly soliciting normally means reaching out to enticing and encouraging those employees or patients to come with you. Now, if you’re leaving the practice and a patient or an employee asks, where are you going? You can tell them. That’s not a solicitation. Solicitation is when you are the one who initiates the contact, you’re reaching out, you’re trying to poach those employees and those patients, that’s when you would be in violation of a non-solicitation clause. Let’s talk about general advertisement in relation to a non-solicitation clause. Sometimes, this is directly outlined in the employment agreement, and it’s always best that you start there first, look at the clause itself.

But if it just says you cannot solicit, normally, general advertising is not considered a solicitation. So, that’s billboard, social media commercials, things like that, not a solicitation. You would only be in danger of violating a non-solicitation clause when you reach out directly to those patients and employees. What this looks like is maybe you are sending patient lists, you’re getting their addresses and you’re sending letters directly to them, or you’re seeking them out directly, things like that, that would be solicitation. What are the consequences of a non-solicitation clause? Sometimes there are liquidated damages. If you’re found in violation, you may have to pay tens of thousands of dollars. And then normally, I would say there is equitable relief. And what that looks like is if the practice feels like you’re in violation of a non-solicitation clause, they can bring it before a judge.

And what they would do is they would declare an injunction, or they may sign something like a restraining order simply stating that you cannot solicit those patients. That’s typically what a non-solicitation clause looks like. They’re standard. Now, let’s look at and talk about what is a non-compete clause. A non-compete clause is like a non-solicitation clause because it’s a promise not to do something, you’re promising not to compete with a practice. Also, a non-compete clause is typically for the same period that the non-solicitation clause is for. So anywhere between six months to two years. The non-compete clause is also going to have a restricted area. This could be miles, it could be city blocks, it could be counties, or it could be municipalities. It just kind of depends on what state you’re in, and are you in rural or are you in the city?

If you’re in New York City, I always use this example. You wouldn’t use miles for a restricted area in a non-compete clause. You would likely use city blocks. We’ve talked about a non-solicitation clause and a non-compete clause. Again, with the non-compete clause, another similarity is how it’s enforced. So again, there could be a liquidated damage clause, which would state that if you were found in violation of the non-compete clause, you could pay tens of thousands of dollars. Also, there’s equitable relief, which means that the practice would go before a judge. They would ask for an injunction or a temporary restraining order, which again is a piece of paper that states you cannot compete in that restricted area. Non-compete clauses can be a little bit more complicated than non-solicitation clauses. And what I mean by that is a non-compete can attach to multiple locations.

It could be your primary place where you provide services, it could be any location where you provide services, or it could be any location that’s owned and operated by the practice. So again, the golden rule, you always want to refer to your employment agreement to make sure you fully understand what you’re signing, because this could have big implications in the future after your employment has been terminated. Also, another similarity, non-solicitation clauses and non-compete clauses are typically found in the same part of the contract, under the restrictive covenants. Restrictive covenants just mean a promise not to do something. You’re promising not to compete with a practice or you’re promising not to solicit.

Is a Non Compete Enforceable Against a Dentist?

Is a non-compete enforceable against a dentist? First, there are a handful of states in the United States where non-competes are completely unenforceable. However, you could count them on one hand. It is very likely if you’re reading this blog, the state that you’re in does acknowledge reasonable and enforceable non-competes. So, I’m just going to talk about the states where they are enforceable and then kind of what they would look at whether it’s reasonable or enforceable. In your contract, there’s going to be a section called restrictive covenants. And in that section, it’s going to have a non-solicitation clause, a non-disparagement clause, confidentiality provisions, and then a non-compete. And a non-compete simply stops you from working in your specialty for a period within a specific geographic area.

What would be considered reasonable for all those things? First, it will likely list what you can’t do. And for the most part, it will say the practice of dentistry. If you have some kind of a multi-specialty practice and you can do different things, and you’re only doing one of those things for the employer, I would make certain that the specialty restricted is the one that you’re only doing for that employer. That way, you have some other options after the contract ends to do other things. For instance, maybe you’re doing orthodontics for a practice, and you could still do general dentistry. Maybe it’s a year-long non-compete and you don’t want to move, you could at least do general dentistry for a year and then hop back to do orthodontics after the year is over with. That’s a little bit into what is listed as a specialty in the non-compete. As far as how long, most non-competes for a dentist last somewhere between one to two years, if it’s longer than that, I think it would likely be unenforceable. You always want a shorter non-compete, obviously. If someone is offering you a non-compete that’s three years or five years, that’s completely unacceptable and very likely unenforceable. As far as the geographic limitation, that’s kind of for the, I guess the negotiation usually turns to, so as these corporate dental practices continue to gobble up these dentist-owned practices, they continue to multiply and, in a city, they may have multiple locations. In a big city, there are dozens of locations.

If the non-compete states you can’t work within, let’s just say 10 miles of every location of the employer, and they have 10 locations in your city, it could effectively knock you out of practicing in that city, which I don’t believe would be considered reasonable and would likely be unenforceable. You want to make certain when it comes to how many locations the non-compete attaches to, it’s only the locations that you’re working at and then no more than two locations, ideally. If it was just 10 to 15 miles from your primary practice location, that would be considered reasonable and enforceable as well. Let’s say you signed a non-compete and then you think, alright, they’re not going after me, I’m just going to break it anyway. And then you establish a practice within the geographic limited area. What can happen?

Well, they can sue you. If your contract has an arbitration clause, they could go to arbitration over it. They could go to the court and obtain a temporary restraining order or an injunction, which would stop you from working and they could sue you for, one, breaching the contract, and then two, the damages associated with you establishing a practice within that area. So, I would not suggest signing an agreement with a non-compete and then just expecting to ignore it. I think that’s a shortsighted way of thinking about contract law and a terrible strategy. I mean, I’m surprised how many dentists I speak to say, oh, I spoke to a colleague, and they say non-competes are totally unenforceable. Unless you’re in the state where they are, I would not sign anything just saying, well, I’ll sign it, but I expect that they can’t enforce it down the road.

So, yes, non-competes are very likely enforceable against a dentist if they’re considered reasonable. And for some people, let’s say they have grown up in a city and want to move back, maybe they’re living there, and they have kids in school, and they just absolutely cannot move, or there’s family there, for whatever reason, having a very onerous non-compete can make a great job potentially terrible if you have to move from the city to practice for whatever the limited period is. That’s something you want to negotiate and take a hard look at. It can be a deal-breaker for some people.

Length of Dental Practice Restriction?

Is a two year non-compete too long for a dentist? First, if you are either a dental associate or maybe you’re a partner, you’re still likely going to have non-compete. And so, if you sign an employment agreement, there’s going to be a section in there that’s called restrictive covenants. The restrictive covenants essentially prohibit you from either doing things during or after the contract ends. Standard restrictive covenants would be like a non-solicitation agreement, a non-compete, non-disparagement, confidentiality clause. As far as non-compete goes, a non-compete will then prohibit the dentist from working within a specific time, within a certain geographic region from the location that they’re practicing in. Let’s just give some examples.

Let’s just say your non-compete is for one year and then 15 miles from your primary practice location. For the most part, that would be considered a reasonable non-compete. Non-compete laws do vary from state to state. It’s one of the only things in employment contracts for dentists that kind of varies from state to state. There are some states that absolutely prohibit, meaning, it’s illegal to have non-compete for a healthcare provider in that state. There’s only a handful of those. Most states do acknowledge non-compete if they’re reasonable. Is a two-year non-compete reasonable? I would say no, ideally, it would be one year and no more than that. However, there are plenty of places that try to push it to two. In a scenario where they’re offering two or even beyond, you need to push back and say, I don’t want to sign more than a one-year non-compete.

And then two other things you need to think about as far as the non-compete. First, the location listed. As you know, big conglomerates are gobbling up these dentist-owned practices. And so, you could be in a city where there are eight locations for your employer. You want to make sure that it specifically says your location or maybe the two locations where you spend most of your time. You don’t want to sign a non-compete that states that it attaches to every single location owned by the employer, even if you never worked in those locations at all. This is especially true for dentistry.

If you’re in private practice, dentist-owned, and they only have one location, then it’s simple. It’s just going to be that location and nowhere else. But, if you’re in a big city and they own a bunch of locations, you want to make sure it specifically states your location, not all the locations. And then also, if you’re in a specialty, you don’t want to get stuck from not being able to do any kind of dentistry. You want it to say specifically what you’re doing for that employer, that way if you can do other things for the period like let’s say you just can’t move because of kids or family reasons, you could have an alternative for a year. That might not be ideal, but you could do that for a year and then come back to your normal specialty.

And so, you want to make it specifically not like all practice dentistry, but your specific focus as well. Non-competes are just a part of almost any employment contract. I’m not sure why most people think they’re just completely unenforceable. I get that a lot. Well, my colleague said that I can sign it, but it can’t be enforced anyway. That’s just not true. If it’s not in one of the states where it’s prohibited, it likely will be enforced if it’s reasonable. Now, if someone’s giving you a five-year non-compete that knocks you out of an entire state, clearly not going to be enforced, but you may have to litigate or go to arbitration if you’re going to fight that, or the employer is as well. This is certainly something you can negotiate. Most employers are going to say to you, well, we just can’t, we’re unable to change that, or no, I’m sorry, we can’t do that. There’s a difference between they don’t want to do it and they can’t do it.

Do Associates Have to Sign a Non Solicitation Agreement?

It would depend upon how much leverage the dentist has. Are you coming into a job opportunity that’s difficult to recruit to, or maybe in an undesirable location or maybe not as desirable for the general population? You have more leverage if you’re going into a big city and there’s a ton of applicants for a job and someone else doesn’t care at all about the non-compete. Well, then you have a decision to make whether you’re willing to accept it or not. If you have non-competes that are 50 miles from your location or even will knock out like contiguous counties, that’s something I would try to avoid. You really shouldn’t have more than 10 to 15 miles from your primary location. Or as I said before, maybe you split your time in those two locations. So, that’s a little primer on non-competes for dentists.

Employment Contract Questions?

Contract Review, Termination Issues, and more!

For More Information >

Call Us Now: 602.344.9865

Contact Us

If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today!

Links of Interest

  • Home
  • Dentist Contract Lawyer
    • Dental Associate Employment Contracts 
    • Dental Malpractice Insurance
    • Dental Non Compete Clause
    • Dental Professional Contract Benefits 
    • Dental Independent Contractor Agreements
Google
Based on 121 reviews.
Melinda Striyle
Melinda Striyle
2022-06-12
Attentive, respectful, great to work with.
Jenn Lighthall
Jenn Lighthall
2022-06-10
Absolutely fantastic. I would give more than five stars if I could. Highly recommend!
Meghna C.
Meghna C.
2022-05-31
Renee was great to work with when negotiating my contract! I am a resident physician signing on for my first attending job, and I felt more comfortable with the language used in the contract after going over it with Renee. I also got a higher starting salary which made the price more than worth it. I would definitely use Chelle Law again!
Jennifer Nevis
Jennifer Nevis
2022-05-30
Erin Howlett saved me from a terrible situation and I can't thank her enough. I had accepted a veterinary dental residency in northern Illinois with a private practice. The letter of intent was routine yet the actual contract so punitive and predatory in nature that it was hard to believe it was from the same people. Erin believed I was worth more than the "Zero" this practice claimed. Without her on my side, I would have naively signed this "bait and switch" and been finacially and professionally ruined if I couldn't complete the 6 year commitment this practice demanded.
robin singh
robin singh
2022-05-27
I consulted with Chelle law for contract review. They were suggested by our employer. Renee osipov was incredibly helpful and was able to navigate me in right direction. I fully recommend them.
Melanie Schlote
Melanie Schlote
2022-05-22
Erin was so professional and very quick to respond. She took the stress away from contract reviewing and made me feel confident in this next step of my career.
Mitul Patel
Mitul Patel
2022-05-22
I contacted Chelle Law for my dental contract review. I am very pleased with contact review with Attorney Renee. Renee was very kind, helpful, honest, informative and knowledgeable. She had some solid advice regarding negotiations. Katie was very helpful to schedule appointment with Renee within few days. I had some questions next day and emailed her and she responded back to me within an hour. I HIGHLY RECOMMEND CHELLE LAW FOR YOUR CONTRACT REVIEW. THANK YOU!!
Anna Etzler
Anna Etzler
2022-05-20
Renee was wonderful to work with and helped me with a contract review for my first NP job. She took the time to help me understand each section of the contract and even helped me successfully negotiate so that the contract would best fit my needs. Chelle Law was very responsive to my needs and set up my initial review and revision review in a timely manner! I would highly recommend their services to anyone in the medical profession.
Alan W
Alan W
2022-05-16
Had the privilege of working with their attorney Renee. She was really thorough, professional, and went above and beyond in reviewing my contract. Couldn't have asked for a better experience.

Call Us Today!

602.344.9865

Hours/Office

Monday-Friday: 8:00am-5:00pm (MST/MDT)

Chelle Law 5425 E. Bell Rd, Ste 107

Scottsdale, AZ 85254

Contact Us Today!

5425 E. Bell Rd, Ste 107, Scottsdale, AZ 85254

info@chellelaw.com

Practice Areas

  • Professional Licensing Board Defense
  • Medical Contract Lawyer
  • Administrative Appeals & Hearings
  • Medical Contract Drafting
  • Fingerprint Card Attorney

Office Locations

  • Arizona
  • Indiana

Company

  • Robert S. Chelle, Esq. Founder & CEO
  • Sara Stark, Esq. Attorney
  • Renee Osipov, Esq. Attorney
  • Erin Howlett, Esq. Attorney
  • Charlie Hover, Esq. Attorney

Resources

  • Blog
  • Contact Us

Follow Us

© 2022 Chelle Law. All rights reserved.  Disclaimer & Terms of Use.  Privacy Policy.

Scroll to top

How Much PTO Should a Physician Get Download



How Much PTO Should a Physician Get?

4 Factors to Consider with PTO

How Much Does Tail Insurance Cost Download

How Much Does Tail Insurance Cost for a Physician?

4 Key Aspects of Tail Insurance for Physicians

Physician Contract Review Checklist

Where Should We Send the Physician Contract Checklist?

28 Essential Physician Contract Terms to Put You in a Positive Financial Situation for Years to Come.