“It’s Unenforceable”

Most clients believe that since a particular term of a contract is unenforceable, and against their current allowable practice, it doesn’t matter. One such example would be if a restrictive covenant prevented a physician from practicing in his or her specialty within an entire state for 5 years. Generally, restrictions that are more than 24 Months are too long to be enforceable in most states. This doesn’t mean an ex-employer will not attempt to enforce them with a law suit against you. Which are sometimes long, stressful, intrusive and expensive cases. While you might be in the right, you will not be happy regardless of the outcome. The only way to prevent such act, is to make sure that the terms of the contract are satisfactory to all parties prior to signing the contract. An experienced health law attorney would be an invaluable resource in this area. Please do your research before you sign on the dotted line!

Until next week,

Larry Kobak
Lawrence F. Kobak, Esq.
Senior Counsel
LKobak@frierlevitt.com
516-410-2835
Frier Levitt
ATTORNEYS AT LAW