Q:

I have a situation in which I know I have to seek legal advise, but I thought to see what you 
may have to say about it first.  I am in a situation in which there is a practice for sale in a 
community near the practice where I am an associate.  I've been here for 8 years and 
becoming very frustrated with the situation at hand.  I worked for this individual for 2.5 
years before a contract and a no compete was issued.  It was bluntly offered as sign it or 
leave.  It is limited to 3 years and 17 miles with a 60% of the collections if the associate 
opens within this mileage and time for 3 years.  Is there any ground to dissolve this clause?  
I live in Pa.  I really don't want to burn a bridge, but I do understand that there are 
consequences on both sides.  Any help would be greatly appreciated.
Thanks,

A:

Thanks for your e-mail. This is just my opinion. First .. many of these non complete 
clauses do not hold up when tested in court. It is more a matter of courtesy that you abide 
by it. If you have a contract standing where three years is the timeframe and you have used 
2.5 years of it .. the doctor you work for should be flexible enough to not make an issue of 
it. This is what I would do. I would contact your state association and ask them if they 
have any understanding of the laws concerning this in your state. You may be the only DC 
with this question. If you need an attorney it should come as the last resort as it may be 
expensive and bring a negative into this. I would try to determine the legal standing via the 
association first and .. if they know or not .. discuss the issue openly with the owner DC 
and see where he stands. He may agree this is a great opportunity for you and let you leave 
and break the non compete prior to the three years. I would .. out of common sense .. 
discuss this issue and for your protection have him state in writing that your business 
relationship ends on a specific date and he agrees also  the non compete clause ceases at that 
date as well. I hope this helps and good luck