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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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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. Other topics of interest include:

  • Is a 2 Year Non Compete for a Physician Assistant Reasonable?
  • Physician Assistant Non Compete vs Non Solicit

So, first, you want to limit it to just your primary practice locations. Two, you want to limit the look-back period. Let’s say you’ve worked for an employer for five years, and maybe they’ve shown you around to different facilities. You want to limit the non-compete to just where you’ve worked in the last 12 months. It wouldn’t be fair if you worked at a location seven years ago for an employer and for that to continue to count as a location that the non-compete would attach to. And then the last thing would be, as I said before if it’s a corporate-owned practice, you want to make certain that it’s not every facility and then you need the definition of what they consider facilities. Could it be an outpatient clinic? Could it be satellite surgery centers? Is it only specific outpatient clinics in your specialty? There needs to be a definition.

You need to make certain that when they’re saying it applies to a bunch of different locations, there’s a definition of the exact type of locations that they are. When I’m talking to a PA about alright, what’s a reasonable non-compete? One year, five to 10 miles would be considered reasonable and likely enforceable. Now, the last thing you have to think about is the setting and where you’re located. 10 miles in New York City is going to knock out thousands of more opportunities than 10 miles in rural Idaho. The kind of geographic restriction can vary, meaning, whether it’s considered reasonable or not based upon: are you in a big city or are you in a rural community where there are no other opportunities you could even go to after the contract terminates? If you are in a bigger city, a smaller amount would be considered reasonable.

Whereas if you’re in a rural community, a larger amount than 10 miles could be considered reasonable as well. This is something that can be negotiated and should be negotiated, obviously in advance of signing the agreement. So, if you’re very concerned about your non-compete, you need to make certain you have a frank discussion with your employer. And for instance, there are many people who you grew up in a community with, you have kids, you have family there, and there’s just no way that you can move after the contract terminates. That could be the most important thing in any kind of negotiation with the new employer. And so, you need to tell the employer, these are the reasons why this non-compete is not going to work for me. And I find most reasonable employers might be open to limiting it in some way.

Now, most corporate-owned practices are going to say, oh, this is a non-negotiable clause, or, oh, we’re not allowed to change it, which is complete crap. They certainly can, they just don’t want to. So, you must take it into consideration, alright, is this somebody I want to work for if they’re not going to make any changes? One concern I always have is when someone says, oh, we can’t make any changes, it’s the policy. Well, it’s your policy. It doesn’t mean it’s illegal. Anyway, hopefully, that was helpful. A little primer on physician assistant non-competes.

Non Compete Length and the Law

Is a two-year non-compete is reasonable for a physician assistant?  If you’re a PA and you’re about to sign either an employment agreement or many independent contractor agreements, it’s going to include what’s called restrictive covenants, and a restrictive covenant essentially prohibits the PA from doing something either during or after the contract terminates. Normal restrictive covenants would include a non-disparagement clause, a non-solicitation clause, and then a non-compete, which is what we’re going to talk about today. A non-compete prohibits the PA from working either within their specialty or as a PA, completely within a specific geographic radius for a specific amount of time. Let’s take each of those components and then we’ll get into a discussion about how long a non-compete should be.

A couple of things you need to look for when it specifies exactly what the PA is prohibited from doing. It’ll either say you cannot practice as a physician assistant at all, or let’s say you’re working for an orthopedic practice. It may say you can’t work in orthopedics as a physician assistant. The reason why this is important is if you’re absolutely tied to an area and there’s absolutely no way that you can move after the contract terminates, then at least you’ll have other opportunities as a PA. Even though you may want to stay in your specialty, at least you would have another opportunity until the non-compete would end, and then you could get back into, in this case, orthopedics, if you wanted to. So, you need to make certain there’s a language that is limited to what you are doing for that specific employer.

Next is the geographic radius. Usually, somewhere between five to 15 miles would be considered reasonable by a court. There are some states, a handful of them in the United States where non-competes are completely unenforceable. But for those where it is enforced, the courts will look at the reasonableness of the non-compete. And then the factors that go into that is, what community is it? 10 miles in New York City could be vastly different than 10 miles in rural North Dakota where you may have zero other opportunities if you’re not working for a practice. You need to think about, alright, what is the setting where I am, and 10 miles, one place could be vastly different than 10 miles and another. Now, as far as how long it should last. Most non-competes last somewhere between one to two years. I would say almost no non-compete for a provider over two years would be considered reasonable or enforceable.

If you’re a PA and you have a non-compete, you want to get it as close to one year as possible. Most states do not have statutes or laws that specifically address non-compete. There are a handful, but most of them base kind on what is considered reasonable based on past case law, and most courts that then will litigate these non-compete cases will give their opinion on what they would consider a reasonable amount of time. And most judges find that one year or no more than one year would be considered a reasonable amount of time. It’s rare that you’re going to find a non-compete that’s less than one year. I mean, there are a handful I’ve seen that are six months, nine months, and 12 months is the standard.

What you want to do is if it’s 24 months, try to negotiate that down to 12 months. That would be a reasonable amount of time for a physician assistant. Now, as far as negotiating a non-compete, obviously, you want to do it in advance of signing the contract and then you need to consider how important it is to you. Let’s say you’re from a community, you have family in the community, and you have kids that go to school in the community, there’s just no chance that you can move after the contract ends, the non-compete could be the important thing in a contract to determine whether you want to move forward with it or not. Some people move into a community just for a job, there’s no commitment to a community, and they do not care if they must move.

In that scenario, it’s probably not worth putting any time into negotiating the non-compete. But it could be a deal breaker for some. If you work for a corporate-owned practice, a hospital, or a healthcare network, many times they’ll give a take it or leave it non-compete and it’s many times better just to leave it if it’s not going to work for you. You’ll have a better chance of negotiating a favorable non-compete if it’s with a smaller physician-owned practice, they’re usually more flexible. They can’t use the “well this policy”. I mean, anyone who says that, okay, great, it’s policy. It doesn’t mean you can’t do it; it means you don’t want to. Anyway, that is what a reasonable length of time for a non-compete is for a physician assistant.

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.

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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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