Restrictive Covenant For Physician In Massachusetts
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FAQ
An "anti-raiding" restrictive covenant is “only reasonable, and thus enforceable, if it is (1) necessary to protect a legitimate business interest, (2) reasonably limited in time and space, and (3) consonant with the public interest.”
Most of you probably know what a restrictive covenant provision is. They restrict post-employment—place restrictions on where you can practice medicine and for how long you can practice medicine.
The FTC's non-compete ban applies broadly across employment relationships and covers both employees and independent contractors. This means that doctors who function as independent contractors in hospitals, clinics, or private practices are also shielded by this rule.
``In order to enforce a restrictive covenant, an employer must demonstrate that the clause protects one of its legitimate business interests. Secondly, the employer must show that the clause is reasonable, and it only goes so far as is necessary protect a legitimate business interest of the employer.''
"A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances."
An NDA constitutes a legally binding agreement, albeit without the same level of scrutiny as a non-compete clause. It solely restricts the use of information rather than overall competition. Typically, the agreement will specify that the employer is entitled to injunctive relief in the event of a breach.
Conditions or restrictions, unlimited as to time, by which the title or use of real property is affected, shall be limited to the term of thirty years after the date of the deed or other instrument or the date of the probate of the will creating them, except in cases of gifts or devises for public, charitable or ...
