Provided by: Jennifer Kirschenbaum, Esq.
October 18, 2022
I interviewed a great associate doctor but his current practice has him under a non compete and we are in the radius. Can I hire him?
Thank you in advance.
Yes, but perhaps at a cost. If the doctor is under a contractual restriction, then the individual may be putting himself at risk of a lawsuit and you at risk. You may be at risk under an “interference” claim; which creates a cause of action against a third party for coming between two contracted parties. The damages created from the solicitation would need to be proven for recovery, however, once a lawsuit is filed, merely having to participate may be economically and financially taxing. On the other hand, the associate may be worth it and you may end up proceeding with “informed consent”.
The cleanest way forward, apart from finding a different candidate, you could condition employment on the employee obtaining a full release under the covenant from his former employer. Just a thought…
For a more detailed response and exposure assessment, I will need to see the agreement that was signed and have more information on specialty and practice locations (if any).