Legal Question in Employment Law in Arizona

Outpatient Medicine - Definition / Clarification of Limitation

My employment contract has a non-compete clause prohibiting me from working practitinc ''outpatient medicine'' within 10 miles of the current employer for 2 years after termination of contract. My employer is an internist and I practice internal/primary care medicine. I am currently working part-time in a local emergency department within a privately-owned hospital with this physician's approval. So far it has NOT been an issue of competition and he has received several referals from my work in the ER. I want to terminate my contract and have been offered a position practicing ''hospital-based emergency medicine'' at this same facility. This is NOT a clinic or urgent care facility! Should this be a problem?


Asked on 2/08/02, 12:43 am

1 Answer from Attorneys
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Outpatient Medicine - Definition / Clarification of Limitation

On the facts given, without more, I do not see a problem. However, I or another attorney will have to review your contract in order to give you a legal opinion as other factors may affect the non-compete provision. I would advise you to seek advice prior to accepting the newly offered position.

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Answered on 2/14/02, 5:46 pm


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