Non-solicit carve-outs

Question:

Jennifer, 

My new contract has a nonsolicitation provision that I do not want to sign.  Is it reasonable for me to carve out any patient I knew before from the non-solicit.  

Thanks in advance.   
Dr. L

Answer: 

So, of all the restrictive covenants, the nonsolicitation (and, also confidentiality) are the two  most defensible in my opinion.   It’s reasonable for an employer to protect their marketing dollars and reputation and what they’ve built, specifically, their patient and referral base.  market dictates that carving out your personal and prior relationships is reasonable if you can identify them.  Generally, a broad stroke carve out of anyone you knew before employment will straight out be rejected, because it’s way too amorphous and ambiguous.   Now, if you have a specific patient list you wish to carve out, that I would go back to the potential employer with and request the carve out…

Hope this helps.  We’re here if you need help negotiating, or reviewing the opportunity.

Have a question for Jennifer?  Email is best.  You can reach her at Jennifer@Kirschenbaumesq.com.