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Restrictive covenants in physician employment agreements
1Goldman, Marshall & Muszynski, Philadelphia, PA 19102.
Pennsylvania Medicine
|November 1, 1992
Summary
Physician employment agreements often include restrictive covenants, particularly non-compete clauses. This article examines Pennsylvania law on these covenants and provides negotiation advice for physician employment contracts.
Area of Science:
- Medical Law
- Contract Law
- Physician Employment
Background:
- Physician employment relationships are predominantly governed by formal employment agreements.
- These agreements contain covenants, which are legally binding promises between physicians and employers.
- Restrictive covenants, especially non-compete agreements, are a significant component of these contracts.
Purpose of the Study:
- To identify and analyze legal issues concerning restrictive covenants under Pennsylvania law.
- To offer guidance and caveats for negotiating non-competition clauses in physician employment agreements.
Main Methods:
- Review of Pennsylvania statutes and case law pertaining to restrictive covenants.
- Analysis of legal principles governing non-compete agreements in the context of physician employment.
Main Results:
- Identification of specific legal challenges and considerations for restrictive covenants in Pennsylvania.
- Discussion of potential pitfalls and strategic considerations during the negotiation of non-compete clauses.
Conclusions:
- Understanding Pennsylvania's legal landscape regarding restrictive covenants is crucial for physicians and employers.
- Careful negotiation of non-competition terms is essential to protect the interests of both parties in physician employment contracts.