• DVM360_Conference_Charlotte,NC_banner
  • ACVCACVC
  • DVM 360
  • Fetch DVM 360Fetch DVM 360
DVM 360
dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care
dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care
By Role
AssociatesOwnersPractice ManagerStudentsTechnicians
Subscriptions
dvm360 Newsletterdvm360 Magazine
News
All News
Association
Breaking News
Conference Coverage
Education
Equine
FDA
Law & Ethics
Market Trends
Medical
Politics
Products
Recalls
Regulatory
Digital Media
dvm360 LIVE!™
Expert Interviews
The Vet Blast Podcast
Medical World News
Pet Connections
The Dilemma Live
Vet Perspectives™
Weekly Newscast
dvm360 Insights™
Publications
All Publications
dvm360
Firstline
Supplements
Top Recommended Veterinary Products
Vetted
Clinical
All Clinical
Anesthesia
Animal Welfare
Behavior
Cardiology
CBD in Pets
Dentistry
Dermatology
Diabetes
Emergency & Critical Care
Endocrinology
Equine Medicine
Exotic Animal Medicine
Feline Medicine
Gastroenterology
Imaging
Infectious Diseases
Integrative Medicine
Nutrition
Oncology
Ophthalmology
Orthopedics
Pain Management
Parasitology
Pharmacy
Surgery
Toxicology
Urology & Nephrology
Virtual Care
Business
All Business
Business & Personal Finance
Hospital Design
Personnel Management
Practice Finances
Practice Operations
Wellbeing & Lifestyle
Continuing Education
Conferences
Conference Listing
Conference Proceedings
Resources
CBD in Pets
CE Requirements by State
Contests
Veterinary Heroes
Partners
Spotlight Series
Team Meeting in a Box
Toolkit
Top Recommended Veterinary Products
Vet to Vet
  • Contact Us
  • Fetch DVM360 Conference
  • Terms and Conditions
  • Privacy
  • Do Not Sell My Information
  • About Us

© 2023 MJH Life Sciences and dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care. All rights reserved.

Advertisement
By Role
  • Associates
  • Owners
  • Practice Manager
  • Students
  • Technicians
Subscriptions
  • dvm360 Newsletter
  • dvm360 Magazine
  • Contact Us
  • Fetch DVM360 Conference
  • Terms and Conditions
  • Privacy
  • Do Not Sell My Information
  • About Us
  • MJHLS Brand Logo

© 2023 MJH Life Sciences™ and dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care. All rights reserved.

When does a veterinary associate's restrictive covenant go too far?

August 1, 2012

I'm worried my restrictive covenant is too tight. Is it legal?

When does a restrictive covenant go too far?

Q: Is there any legality to a restrictive covenant that requires me to practice more than 40 miles away if I leave my current practice? I’m a New York veterinarian so I would basically have to leave the state and uproot my family. Can only a certain mile radius be enforceable?

First of all, various states have a wide range of positions on the enforceability of noncompetes in employment contracts. Some states are very pro-employer and support these clauses, while other states, such as California, prohibit the clauses entirely. New York falls somewhere in the middle of this range, but before you decide whether to breach an existing noncompetition agreement, ask yourself these four questions:

1. What are the chances my employer will sue me? Consider whether your boss has the time and money to pursue the issue. An overworked solo practitioner, for example, might be less likely to enforce a noncompete than a huge veterinary corporation.

2. Can I afford to defend myself? If your employer decides to bring a lawsuit, you have to be financially stable to fight for your rights. It's key to consider lawyer costs before breaking any contract.

Advertisement

3. How long will I be out of work? Determine whether you can afford to be unemployed during the time of the trial -- even if you win. New York, for example, has an enormously backlogged court calendar, especially in its larger metropolitan areas.

4. Is it wise to invest in a new practice? Remember, you will have to abandon it if you lose the case. Keep in mind that even if you "win," in litigation concerning noncompete clauses, you still may not get what you want. For example, a judge may decide that while a contract prohibiting competition for three years and 40 miles is unreasonable, he or she may decide that for a shorter period of time, that 40-mile distance is reasonable and therefore enforceable.

Most importantly, all employment contracts should be read carefully and understood clearly before signing. It's much easier and far less costly to negotiate terms before a contract is signed than to litigate after. If a doctor thinks his or her future plans could be in jeopardy because of noncompetition language in the contract, it's never a bad idea to seek expert advice.

Christopher J. Allen, DVM, JD, is president of the Associates in Veterinary Law P.C., which provides legal and consulting services exclusively to veterinarians.

Related Content:

AssociatesBusinessLeadership & Personal Growth
Hiring employees in line with your brand
Hiring employees in line with your brand
Thriving when life is hard
Thriving when life is hard
Hospital design expert shares his favorite design element
Hospital design expert shares his favorite design element

Advertisement

Latest News

To refer or not to refer

Advice panel for women interested in the veterinary field

AVMA president set to testify before Congress

New Hawaii-based pet CBD brand launches

View More Latest News
Advertisement