Cancer-Treatment Center wants to Block Its Former Doctors from Seeing Patients
By Beth Florkowski of Fausone Bohn, LLP posted in Employment Law on Tuesday, September 10, 2019.
To protect their competitive edge in the business world, employers commonly have their employees sign contracts called “non-compete” agreements. These types of agreements prevent former employees from using all the training, experience, and industry access to compete against a former employer in the same market for a specified period of time.
In Florida, this issue is coming to a head. The state is being sued by a cancer center who wants to prevent Florida form enforcing its new non-compete law, which would allow doctors to freely compete with former employers who hold county-wide monopolies. 21st Century Oncology, a cancer-specialized medical center, claims that Florida is unconstitutionally impairing its private contracts by enforcing this new law. Despite 21st Century’s strong opposition, Florida has vowed to duke it out in court.
If the court agrees with 21st Century, then four doctors who recently left the cancer-treatment giant will be unable to treat patients from one to three years. But if the court agrees with Florida, then the medical center may have to step up its game in order to avoid a potential loss of business to the four doctors.
On the one hand, the cancer center does have a legitimate interest in enforcing its contracts and protecting its business model. On the other hand, public policy strongly favors allowing patients access to a doctor of their choice.
Your business interests are important. Reach out to a business law attorney at 248-380-0000 to craft an enforceable non-compete agreement that works in conjunction with state law to protect you.