Enforcing Restrictive Covenants for Health Care Professionals

• February 18, 2022

• Christina M. Kuta , Roetzel & Andress

Over the past decade, whether by case law or adopted regulations, many states have limited the circumstances under which restrictive covenants (i.e., non-competition and non-solicitation provisions) can be imposed and/or enforced. Particularly in the health care field, where providers have a near-permanent relationship with their patients and a constant expectation of continuing to provide professional services to such patients, the ability to prevent departing employees from soliciting patients or opening a competitive practice in close geographic proximity is critical. An employer’s ability to impose and enforce these restrictive covenants has been increasingly limited over the past several years. Accordingly, knowing a particular state’s laws and tolerances with respect to restrictive covenants has become an increasingly important part of the employment process.

ARTICLE TAGS

• Labor and Employment