Venus C.

Principal Attorney
Member Since: May 9, 2023
West Palm Beach, Florida

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3 Questions Answered / 3 Recent Answers
May 30, 2023
A: Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.
May 30, 2023
A: Hello. It's great that you're being proactive and want to make sure you're getting a fair deal. Long-term commitments like these require careful consideration. Here’s a few things to consider. First off, consider the compensation. Take a close look at not just your base salary but also any bonuses, incentives, and benefits they're offering. Compare these numbers to what other physicians in your area are getting to see if it's a fair deal. Regarding benefits, factor those into your evaluation. Think about things like healthcare coverage, retirement plans, malpractice insurance, vacation time, and CME allowances. Consider how these perks align with your personal needs and preferences. Also, while money matters, consider the contract length, termination provisions, any restrictions (like non-compete clauses), your expected workload, and opportunities for professional development. It's essential to fully grasp these aspects to see how they align with your goals. Overall, the objective is to think about what matters most to you and whether the contractual terms align with your interests. In the end, your employment agreement should be a win-win for both you and the hospital. Keep in mind that this response is meant to provide general guidance only and is not a substitute for personalized legal advice. Every individual matter is unique. As such, consulting with an attorney to review your employment agreement and address your specific needs is highly recommended. I wish you the best of luck as you venture into this new employment opportunity.
May 23, 2023
A: Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.