Read this before you sign that contract!
Hooray!
You have successfully completed an interview, the panel seemed to love you, and now they want to offer you a job working at their veterinarian office.
It’s like a dream come true.
But before signing on the dotted line, have you read over the contract in detail? Chances are, buried in the pages of paperwork is a non-compete clause. This little section of text might only be a couple of sentences long, but it’s incredibly important. A bad, poorly written, or otherwise unethical non-compete agreement has the potential to turn that exciting new job into, well…a veterinarian’s worst nightmare for long term career growth!
The last thing you want is to be restricted professionally. Or feel stuck in a position you can’t leave. So, to help vets focus on their animal patients and doing what they love (instead of feeling confused, angry, unfairly treated, taken advantage of, etc.) We have compiled a list of everything you need to know about non-compete contracts.
What is a non-compete agreement?
Firstly, let’s define what a “non-compete agreement” really is.
According to NOLO.com, a non-compete agreement is a legally binding document which “states that the employee will not directly compete with the employer after termination of employment.” So, when veterinarians resign from their current position, depending on the nature of the agreement, they can be limited geographically and by time. For instance, saying you cannot go work for another office within three years of quitting within a 30-mile radius. Depending on your location, that 30-mile radius could drastically affect your ability to make a living.
Related: Recruiter Paul Diaz says it is time to change employment terms with contracts. Listen now
Why would a hiring manager insist on such rules?
Think about it this way: If you were the owner of a practice, the last thing you would likely want is for a former employee to set up shop – so to speak – right across the street. Non-compete agreements are also meant to stop vets from “stealing” clients or increasing local competition. But this can be horribly controlling for vets who need to switch jobs, for whatever reason. Suddenly, the daily commute is longer, childcare might not be available, housing costs are different, the town or city is unfamiliar, you have no professional reputation in this new place, and your livelihood is under threat. But, that doesn’t mean that they can create terms that are not fair or legal.
Oh dear…
That’s why knowing about red flags, warning signs, and how to understand ambiguous contract language is key.
The devil is in the details! What to look for
When it come to veterinary non-compete agreements, you’ll want to keep your eyes out for three details:
1) Geography
This covers where you can practice. Veterinarians looking to settle down in a desired area should be very careful about agreeing to this element of the contract, especially if they work in rural settings with a smaller population to serve. Radius limits can be enforceable.
2) Length of Time
Next is how long you must wait after leaving one job to start another. Again, different states will have different rules. Looking to live in Washington, DC? Good news. Non-compete agreements can only last a maximum of 18 months. However, that can’t be said for other places. Knowing the law helps you avoid unproductive months of waiting around for the clock to expire.
3) Nature of Activities
Lastly, read over the details pertaining to what you’re allowed to do. Though these are rarer, it is possible for a clause to restrict a veterinarian from offering some services, particularly if they were highly specialized. Some contracts may restrict you from working per diem in the area or working part-time for a telemedicine app.
The importance of having an attorney look things over
As you can see, understanding the delicate ins and out of a contract is no small feat.
And you are a trained veterinarian – not a lawyer.
This is why you should hire an attorney who works in employment law to review your contract before you sign it. Remember, state laws regarding non-compete clauses vary widely. What is true and enforceable by the court of law in New York will be vastly different from what veterinary professionals face in, say Arizona!
A specially trained attorney will help navigate these murky waters.
Negotiating a fair contract is a team effort. And yes, it will cost you to have the attorney review, but the money you pay for this would be much less than the costs of fighting the contract in court later, or simply being miserable in a job that you hate and can’t leave because of the signing.
Uh oh. I find myself in a horrible contract. What now?
Before pulling your hair out and crying, take a deep breath. Yes, being locked into a terrible contract is scary, but you may have a way out, especially if the contract is unfair or doesn’t meet state rules.
However, veterinarians do have options and that means contacting an employment lawyer, ideally one who has experience handling similar cases. Depending on the nature of the original agreement language, it might be possible to challenge the non-compete. For instance, maybe the length of time is no longer reasonable. Two years is a long time! Could it be negotiated down to 1? Lawsuits are pricey and time consuming. It could be easier to settle.
Similarly, those stuck in awful contracts can inquire about enforceability.
Above all, know your rights. Read every single word extremely carefully and chat with a lawyer beforehand to ensure smooth sailing at this job, and your next one, too!
Find an employment lawyer before you sign a contract: https://www.nela.org