On Friday, I was talking with my colleague, Allen Young, LPC about non-compete clauses. When I got off the phone, I realized that I have not shared this terrific blog post by Thursday Bram with you on how to handle non-compete clauses.
Although this article is not written specifically for mental health professionals, I think you’ll find it worth your time to read. And, when you are finished, I hope you’ll drop back in here to share what your experiences (good and bad) have been with non-compete clauses.
I look forward to hearing from you!
Ana Maria Sierra, Ph.D. says
Tamara, I believe the ACA had a great post on this topic. There is also a psychologist/lawyer who blogs and, I believe, wrote on this topic. Basically, the laws for mental health/medical professionals vary from state-to-state and are also influenced by other variables. It is very important to consult an attorney familiar with these issues to be fully informed. Then, be prepared for the standards to change. Basically, however, in most states a non-compete clause is not going to prevent you from setting up your own practice or joining another within the same metro area. The clause must be reasonable and follow not only the law but local standards. In other words, you cannot be prevented from making a living. However, the devil is in the details so get legal advice.
The other interesting thing about all of this is that if you want to leave, you might just want to approach the practice owner to discuss it. Of course, this depends on your working relationship. However, the advice from these posts was that most owners are reasonable and supportive, and that such matters can be worked out reasonably well without legal interference.
PLEASE NOTE, I am not giving legal advice. Just summarizing what others have written. (-:
Tamara says
Ana! I’ve missed you! Thanks for chiming in here with your supportive and cautionary words. It’s just the combination we need!
I hope your practice is flourishing and that you’ll have time to drop back in here again soon!
Tamara Suttle says
Here’s an article from Psychotherapy FInances that also addresses non-compete clauses for mental health professionals.
Non-Compete Clauses are Problematic for Both Parties