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Chelle Law
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      • Dental Associate Employment Contracts 
        • Can a Dental Associate Break Their Contract?
        • How a Dentist Should Negotiate a Contract |  Negotiating Dental Agreement
        • How is a Dentist Given a Draw in a Contract? | Dental Contracts with a Draw
        • Red Flags in a Dentist Employment Contract | Dental Employment Agreement Concerns
        • What Should a Dentist put in a Termination Letter? | Dental Contract
      • Dental Malpractice Insurance
        • Claims Made Insurance for a Dental Associate Explained | Same as Occurrence Claim for Dentists?
        • How Much Does Tail Insurance Cost for a Dentist?
        • Occurrence Based Insurance for a Dental Associate Explained | Different From Claims Made for Dentists
        • Dental Claims Made or Occurrence Insurance? (Professional Liability)
        • What is Tail Insurance for a Dentist? |  Malpractice Insurance for Dentists
      • Dental Non Compete Clause
        • Dental Associate Non Compete vs Non Solicit | Solicitation Concerns for Dentists
        • Dental Non Compete Mile Radius Explained | Non Compete for a Dentist
        • Dental Non Compete (How Long is ENFORCEABLE?)
        • Dentist Non Compete Restricted Offices Explained | Restrictive Covenants in Dental Practice
        • Is a Non-Compete Enforceable Against a Dentist? | Dentist Non Competition Enforceability
      • Dental Contract Benefits 
        • Dentist Employment Agreement (Bonus REPAYMENT?)
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        • Should a Dentist be Reimbursed for Moving Expenses? | Dental Expenses
        • What Expenses Should a Dental Practice Pay For a Dentist?: Dentistry Office Expense Costs for the Dentist to Be Reimbursed
      • Dental Independent Contractor Agreements
        • Are Dentists Usually Self Employed?
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        • Dentist Independent Contractor vs Employee | Dental Employees vs Independent Contractors
        • 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?
        • Nurse Practitioner Non-Competes (ENFORCEABLE?)
        • Is a 2 Year Non Compete for a Nurse Practitioner Reasonable? | NP Non Compete
        • Nurse Practitioner Non-Compete (Is it ENFORCEABLE?)
        • Nurse Practitioner Non Compete vs Non Solicit
      • Nurse Practitioner Contract Benefits
        • Does a Nurse Practitioner Repay a Bonus if the Contract is Terminated?
        • Nurse Practitioner PTO (How MUCH Should You GET?)
        • Nurse Practitioner Relocation (How MUCH Is Enough?)
        • Nurse Practitioner Benefits Package (What Is FAIR?)
        • 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 Certification Requirements | Certification Requirement
        • How Long Should a Physician Contract Be?
        • Should a Physician Accept an Arbitration Clause? | Medical Agreements
        • What is the Best Without Cause Termination Length in a Physician Contract? | Physician Dismissal
      • Medical Malpractice Insurance
        • Understanding Claims-Made Insurance (Is Occurrence BETTER?)
        • Occurrence Insurance (Is Tail Coverage NEEDED?)
        • Occurrence Based Malpractice (What SHOULD a Physician Choose?)
        • Tail Coverage Insurance (How EXPENSIVE Is It for a Physician?)
        • Physician Tail Coverage (Do Doctors PAY with Claims Made?)
        • Tail Insurance Cost for a Physician (Malpractice Insurance Cost)
        • 3 Ways a Physician Can Get Out of Paying for Tail Insurance | Medical Liability
      • 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? | Physician Non-Compete
      • 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 Vacation Time Do Doctors Get?
        • Physician Relocation (How MUCH Reimbursement Should You Get?)
        • Hospital Sign on Bonus Pay Back | Repay a Bonus When Doctor Leaves?
        • 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? | Physicians Contract
        • 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 To Negotiate a PA Contract (Better Salary TIPS)
        • Red Flags in a Physician Assistant Employment Contract?
        • How Are PAs Compensated? (2 BEST Ways To Get PAID)
        • What Should Go Into a Physician Assistant Termination Letter?
      • Physician Assistant Malpractice Insurance
        • How Much Does Tail Insurance Cost for a Physician Assistant? | Malpractice Insurance
        • Physician Assistant Malpractice Insurance (Do You NEED Claims Made?)
        • Tail Insurance for a Physician Assistant Explained
        • What is Claims Made Insurance for a Physician Assistant?
        • Occurrence Based Insurance for a PA (Malpractice Basics)
      • 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 | Compete vs Solicitation
      • Physician Assistant Contract Benefits
        • Physician Assistant Sign-On Bonus (Will You Have to Give it BACK?)
        • How Much Paid Time Off Should a Physician Assistant Get?
        • 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?
        • Veterinary Production Based Salary (Compensation Calculator)
        • How to Negotiate a Veterinary Associate Contract?
        • Red Flags in a Veterinary Associate Contract
        • What Should be in a Veterinary Associate Termination Letter?
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        • 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?
        • Veterinary Malpractice Insurance (Do Vets NEED Tail Coverage?)
      • Veterinary Non Compete Agreements
        • How Many Locations Should a Veterinary Non Compete Apply To?
        • Is a Non Compete Enforceable Against a Veterinarian (ETHICAL?)
        • 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?
        • Veterinary Continuing Education (Is $2000 TOO Much?)
        • Veterinarian Sign-On Bonus (Must You Pay It BACK?)
        • 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?
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Nurse Practitioner Non-Competes (ENFORCEABLE?)

Is a 10-mile restricted area within a non-compete clause reasonable for a nurse practitioner? Before I address that question, we need to go back and go over what is a NP non-compete clause. Normally, a non-compete clause is made up of two parts. The first part is a restriction of time. So, after your employment is terminated, you’re normally restricted from competing with your employer for anywhere between one to three years. I always try to advise clients that one year is probably the lowest that they’ll go. Occasionally, I’ve seen six months, but one year, you should push for when speaking in negotiating your employment contract. So, we have the restricted period, you cannot compete with your employer for a certain period, one to three years.

Then the second part of that is a restricted area. It’s normally a radius of miles, so that can be, well, it can really vary depending on where you live. It can be one mile. We’re talking about 10 miles today; is that reasonable and how is that calculated? Normally, the court refers to the phrase “as the Crow flies”, which means they literally put a dot on the map, draw a circle around that, and that’s your restricted area. The number one misconception with non-compete clauses is this is not miles on a road. This is miles on a radius that you can put a dot down from the location that it attaches to and draw a line around there. And that’s what you’re restricted from.

Now, we’re up to the, how many miles is reasonable? And we get the question a lot, is 10 miles reasonable? It just depends on where you are located. If you’re in a rural area, 10 miles might be reasonable. If you’re in New York City, not. But if you’re in a city like Phoenix, 10 miles might not be unreasonable because our city is so spread out, you could just go to the other side of one of those suburbs, you could commute easily and find work. So, 10 miles may be reasonable. It just depends on where you are in the United States. Other topics of interest include:

  • Is a 2 Year Non Compete for a Nurse Practitioner Reasonable?
  • Nurse Practitioner Non Compete vs Non Solicit

The other thing you want to consider when you’re looking at this 10 miles-restricted area is how many locations does this restriction attach to? If it’s only your primary location, so you’re only restricted from that 10 miles, a court may find that reasonable. Again, depending on where you live. But if you sign an employment agreement that states that multiple locations will attach that 10 miles, meaning, sometimes the language says if you provide services at any location, then the non-compete clause attaches to that. Let’s say you’ve covered for someone while they’re on vacation. That 10 miles will then attach to that location. Let’s just say we have three locations out there and 10 miles is going to attach to all three of those locations. You’re looking for upwards of 30 miles that you’re restricted from working. Now, that’s going to be unreasonable. I’ve seen contracts where it states any location of the practice, whether you’ve been there or not, you’re still restricted from providing services.

And that’s even more difficult especially if it’s a large practice, it’s going to be a huge area. So, 10 miles could be unreasonable. But again, it really depends on where you are in the United States. And then also, how many locations is that 10 miles attaching to? A non-compete clause is tricky. This is something specifically I always feel like it’s best to speak with an attorney about because they can pick it apart and make sure that it’s reasonable for you so that if your employment agreement is terminated by you or your employer, you’re not in a really difficult decision or position after, you’re able to find work without having to up and move, sometimes even out of the state.

Restrictive Employment Locations for a Nurse Practitioner

How many locations should a restricted area be attached to within a non-compete clause for a nurse practitioner?  Before I kind of get into that, we need to back up and kind of talk about what is a non-compete clause. Depending on your state, there are some non-compete clauses are unenforceable, or you have to make a certain amount of money annually in order for the non-compete clause to become enforceable. You should always check that first or speak with an attorney about that. And then you want to look at your employment agreement. If you have a non-compete clause, it’s normally under restrictive covenants. Restrictive covenants are just promise not to do something.

In a non-compete clause, you’re promising not to compete with your former employer. Also, there may be a non-solicitation clause for patients or for employees. You want to read through that carefully. Lot of times, clients sometimes graze over these areas, but non-compete clauses can have serious consequences if you sign your agreement and then later leave and aren’t able to work in the area. Sometimes it’s large areas and you must move, or it’s difficult to find employment. So, non-compete clauses are really, important. I would say that’s one of the biggest areas that we’re advising clients on within an employment contract. With all that being said, normally it’s two parts. One, you’re restricted for a certain period, that’s anywhere from one to three years. After your employment has ended with your employer, you are restricted for a period to not compete with them.

And then for that period, you’re going to have a restricted area. It’s normally in miles, but it kind of depends on where you are in the United States. If you’re in New York City, miles are unreasonable, so you’re probably going to go like city blocks. If you’re in a rural area, it may be more miles. If you’re in a city, it might be less. It’s kind of unique to where you are. You want to think about if this job ends, will I be able to find work, or will it be difficult? So, we have the period, we have the restricted area, but here’s the tricky part: sometimes non-compete clauses talk about locations that the restricted area attaches to.

Let’s just use an example of 10 miles. You’re restricted to 10 miles from certain locations. Now, it should be, in my opinion, only from your primary location where you’re primarily giving your services. That’s where, in my opinion, you should be restricted, but you want to be careful. Sometimes there’s language in your employment contract that states that that restricted area attaches to any location that you provide services for them while you’re employed. So, if you cover for someone while they’re on vacation, the non-compete would attach to it even for a day. If someone is sick and you go to a different location, your non-compete clause now attaches there. So, if you have multiple locations, this can knock out a huge area of state even. So, you want to be careful about that.

Physician Practice Non-Compete Law

The other one that’s tricky is whenever you see language in a nurse employment contract that states you’re restricted from any location of the practice. That’s difficult. We don’t have a crystal ball. We don’t know in the future if they expand or if they’re going to have more locations. Let’s say they have three whenever you start, but they’ve bought out a couple of practices. Now, they have six and you’re restricted. Remember that 10 miles is from every one of those locations. Then we get into a huge area that’s restricted. So, in my opinion, in non-compete clauses, you should be restricted only from the primary location where you’re giving services at. That’s what the restricted area should attach to. And again, for a reasonable period. In my opinion, it would be one year, but I have seen anywhere from one to three years that you’re restricted.

In summary, you want to be able to read your non-compete clause and know exactly how long and what location I am restricted from, and you want to try to negotiate it to your primary location. It’s important, I think, to consult an attorney with these types of issues, just because non-compete clauses are a little complicated and you want to make sure that you’re getting it reviewed by someone who knows the laws in your state. And then also, who understands how this is going to affect you and can explain that to you, so you fully understand what you’re signing.

Consultation with Chelle Law

Nurses, if you are considering signing a professional contract with a new employer, we want to help. Please contact us and allow our office to set you up with someone who can review the documents that have been presented to you. We want to ensure that everything that your potential future employer is offering you is in your best interest. Get in touch today to get the process started. 

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Based on 174 reviews
Destinee Hamlet
Destinee Hamlet
2023-01-31
Everyone was very helpful and professional. Felicia answered all my questions and made the process super easy and stress free.
Gabriela Martinez
Gabriela Martinez
2023-01-29
Definitely recommend! I’m a nurse practitioner and was able to renegotiate my contract with the help of Chelle Law. The outcomes were above expectations.
Linda Price
Linda Price
2023-01-27
I placed my trust in Chelle Law to handle my issue with the State Board of Nursing and they did not disappoint. Service was professional and courteous. I could not have asked for a better outcome. I highly recommend this firm!
Anni R
Anni R
2023-01-25
I had a great experience with Chelle Law. I’m so glad I found them and hired their services. Their communication was on point 👌 they’re very professional, always kept me updated, always returned my calls and emails in a timely manner. They’re compassionate and understanding of every situation. I would 100% use them again and refer them to anyone.
Chin Kim
Chin Kim
2023-01-24
Great hep overall. Fast response and even it was an hour review, the attorney stayed on the phone longer to answer all my questions.
Amelia
Amelia
2023-01-20
Booking the consultation was easy and I got all my questions answered! Excellent customer service.
Steven Yang
Steven Yang
2023-01-18
I am a veterinarian about 3 years+ out from school changing jobs for the first time since graduating . The idea of needing to closely review a contract was foreign to me and I honestly had no idea what I would be signing . Luckily I found Chelle law and worked with Erin who put all my worries at ease . She took the time and even went over our scheduled time slot to review / translate every section of my contract and make valuable suggestions that I could bring up to my future employer. Throughout our discussion it was clear to me that Chelle law is very familiar with the intricacies of a veterinary contract and what it typically should entail. I was very pleased with my experience .
Tiffany Efantis
Tiffany Efantis
2023-01-11
I used Chelle law for a non-compete clause review. I was referred to them by a friend. They were helpful, quick, and affordable for what I needed. I will definitely use them again for any employment contract review in the future!
Nicholas Peracchio
Nicholas Peracchio
2022-12-13
Erin was so thorough with my contract I felt extremely confident in my negotiations and ended up getting everything I wanted and more! I can’t recommend her enough. She took her time and made sure I understood everything I was signing and did so with a kind and caring demeanor. Thanks so much Erin!!
Seth Bricel
Seth Bricel
2022-12-13
I needed a lawyer to review my partnership contract and Chelle Law provided a great experience at a fair price. My lawyer thoroughly explained the meaning of the contract in terms I could understand and provided valuable perspective as to which parts were normal and which parts were atypical or in need of modification. Thanks to their help, I've reached a contract that I and my partners are very happy with!

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