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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?)
        • How Much PTO Should a Dental Associate Get? | How Many Days of Time Off Should a Dentist Get?
        • How Much Should a Dentist Get for CE Expenses? | Continuing Education Cost for a Dental Associate
        • 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?
        • Dentist Independent Contractor Tax Deductions
        • 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?
      • 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?
        • 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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Physician Assistant Non Compete Clause | Why You Should Expect to See This in Your Contract

The American Medical Association is not joking around when it comes to the shortage of physician assistants in this country. As a matter of fact, they recently put out what is being called the AMA Recovery Plan for America’s Physicians. The goals behind this plan are simple: They want to plug the holes that are causing people to turn away from the physician assistant profession in the first place. A few of their targeted goals include: 

  • Fixing prior authorization issues
  • Supporting telehealth programs
  • Plugging the holes in the Medicare payment systems
  • Working with physicians to prevent burnout

These are all concrete steps that can and should be taken today to help physicians receive the care and support that they require to continue on in the profession that they love. Putting these steps in place is an urgent concern because projections suggest that the country is likely to see major shortfalls in the number of physicians we need in the next decade or so: 

Before the coronavirus pandemic, physician burnout was a national concern, and the pandemic has driven physician burnout to crisis proportions. The Association of American Medical Colleges projects there will be a shortage of physicians between 37,800 and 124,000 clinicians by 2034.

If nothing is done to tackle this problem, then it is all but guaranteed to play out exactly as expected. What could happen next is anyone’s guess, but it seems like it would be a grim future. Fortunately, for physician assistants and those in training to become physician assistants, the job market could not be brighter. 

Physician Demands Top Physician Assistants

Practically every physician is actively seeking ways to attract the top physician assistants to his or her practice. The need for assistants is sky-high, and yet the supply just isn’t what it used to be. What this means for the physician assistants who are actively searching for work is that they are in greater demand than ever before. They can (and should) demand higher pay, better benefits, and more flexibility in their work-life balance. At the same time, these employees should anticipate that they will be asked to sign a non-compete clause in their contract. 

A physician assistant contract attorney will tell you that non-compete clauses are standard practice in the physician assistant employment world, and this is true. However, you will still want to have that attorney check over your contract carefully to ensure that the non-compete clause that you agree to is fair to you as an employee. They need to ensure that you are being treated fairly by your prospective employer before you ever sign the agreement to work there. 

What Should You Expect in a Non-Compete Clause? 

The purpose of a non-compete clause is to have a legally binding agreement between an employee and their employer that the employee will not leave to go work for a competitor for a set period of time. A few of the types of restrictions that are common with non-compete clauses include: 

Types of Restrictions with Non-complete clauses

  • Location-Based Restrictions – Physicians that may want to hire you don’t want you to take an offer up the road from them simply because the other place wants to take you away. Your employer will want to lock you in place to work for them for a set period before you are no longer bound by the contract. Typically, non-compete clauses last anywhere from 1 to 5 years. They may spell out in fine detail that you are not permitted to work for a competitor within a certain mile radius. This protects the employer from excessive churn with their employees based on new offers provided to them by a nearby competitor. 
  • Competitor-Specific Restrictions –  Instead of giving a location restriction, the contract may simply list the names of places where you cannot go to work. This is done when the employer already knows which competitors they do not want to lose employees to. You should check the list carefully to ensure that you are satisfied with the idea of not working for those specific locations. If you find that to be acceptable, then you can move forward with signing your agreement. 
  • Time-Based Restrictions – Time-based restrictions are always required as part of a non-compete clause. Your employer cannot make you sign something agreeing to work for them indefinitely. They can only lock you in for a reasonable period of time. Again, the timeframe is generally between 1-5 years, with most contracts being on the shorter end of that range. If you feel like the time limit that an employer is asking you to sign up for is excessive, then have your attorney look it over to see if something more agreeable is possible. 

Should You Agree to a Non-Compete Clause? 

After carefully reading over everything within your contract and the specifics of the non-compete clause, you might still wonder if it makes sense for you to sign the paperwork. Do you really want to agree to stay with a single employer for that period of time? 

The answer often boils down to what the rest of your contract looks like. If the non-compete clause is not overly aggressive, and if the remainder of your contract seems to be advantageous, then you should probably sign. 

A Contract Attorney Can Help You

Dealing with labor contracts is a very serious issue that will have a major impact on your financial future. If you don’t give these contracts their due attention, you could end up signing something that traps you in a job that you are less than thrilled about. 

You are advised to get together with a contract attorney as soon as possible when you realize that you need some help getting your contract straightened out. The fees that you pay to have an attorney look over the contract are tiny in comparison to the ramifications that the contract will have on your life. With those facts in mind, we ask that you kindly contact us so we can work with you to determine your next steps in regards to the contract offered to you.

Is a Non Compete Enforceable Against a Physician Assistant? | Physician Assistant Non Compete

Is a non-compete enforceable against a physician assistant?  In short, it likely is. There are a handful of states in the United States where non-compete for healthcare providers are completely unenforceable. But as I said before, it’s less than five. So, it’s very likely if you’re reading this blog, that you’re in a state where they are considered reasonable and enforceable. What are some things that go into making a non-compete enforceable? Well, a non-compete simply says that the physician assistant can’t work within their specialty for a set period within a specific geographic region. How most practices would do this is let’s just say a PA is an employee of a small physician-owned group.

How Many Locations Should a Physician Assistant Non Compete Apply To? | PA Non Compete

How many locations should a non-compete for a physician assistant apply to? If you are a physician assistant and you’ve signed an employment contract or even some independent contractor agreements, it’s going to contain what’s called restrictive covenants. And a restrictive covenant essentially prohibits the PA from doing something either during or after the contract is terminated. In a non-compete, the non-compete is going to prohibit the physician assistant from working either as a physician assistant entirely or within the physician assistant specialty with that employer for a period, within a certain geographic radius of an office location.

Is 10 Miles a Reasonable Non Compete for a Physician Assistant? | PA Non Compete

Is a 10-mile non-compete restriction a reasonable amount for a physician assistant?  If you’re a PA and you sign an employment contract, there’s going to be a section that includes restrictive covenants. Restrictive covenants essentially stop the PA from doing things either during or after the contract has been terminated. Some normal restrictive covenants would be a non-disparagement clause, a non-solicitation agreement, and then in most states, there’ll be non-compete. And a non-compete essentially prohibits a physician assistant from providing care for a certain amount of time in a specific area. Now, first, there are a handful of states in the United States where non-competes are completely unenforceable. I’m just going to address the states where it is enforceable.

What is a Good Radius?

And as I said before, you can count the number of states on one hand that do not enforce non-competes for providers. If you are in a state where non-competes are enforceable, almost every state will look at several factors to determine whether it’s reasonable or not. One is the temporal limitations, so how long it lasts. Most non-competes are going to be somewhere between one to two years. Anything more than two years is likely going to be unenforced or considered unenforceable by a court. Most of the time, if I’m negotiating with an employer or assisting a PA in negotiating their contract, we want to keep it to at least one year, no more than that. And then second, what we’re going to kind of focus on today is the geographic restriction. So, kind of the title of this blog is, is 10 miles a reasonable non-compete?

And I would say, yes, in most states, 10 miles is reasonable. However, several factors need to go into that kind of analysis. First, how many locations does the non-compete apply to? It will state in the non-compete whether it’s the primary practice location, it could be every practice location where the physician assistant has provided care. If it’s like a larger corporate-owned practice, it could be every location that the employer owns in the area. If you’re a PA, you want to focus on narrowing that to just your primary practice location, or at most, the top two locations where you generate most of your charges. Maybe you’re with a hospital system and they own 30 facilities in a city, and you can’t work within five miles of 30 facilities, well, obviously that is an enormous radius compared to one or two locations.

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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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