Re: Residents and Non-Competes]

Re: Residents and Non-Competes]

Eric Eisenberg

5/5/2006

I have sat back reading and need to get involved. I recently had a resident
approach my refferal source a large group of Orthopedists and convince them
to start their own Prosthetics which he would then run. Luckily for me the
resident had signed a non-compete. This has cost lots of time and money in
legal fees and ill will with a referral source. Anyone bringing on a
resident or other clinical staff which will be introduced to referral
without a non-compete is taking a business risk.

Eric S. Eisenberg M.S.;C.P.O.
BioTech Limb and Brace

>From: Dino M. Scanio < <Email Address Redacted> >
>Reply-To: Dino M. Scanio < <Email Address Redacted> >
>To: <Email Address Redacted>
>Subject: [OANDP-L] Residents and Non-Competes]
>Date: Thu, 4 May 2006 20:46:45 -0500
>
> >From: Robin Seabrook < <Email Address Redacted> >
> >Date: Thu May 04 10:28:53 CDT 2006
> >To: Dino M. Scanio < <Email Address Redacted> >
> >Cc: <Email Address Redacted>
> >Subject: RE: [OANDP-L] Residents and Non-Competes
>
> >Hi Dino! NCOPE has a position statement on this topic and it is below.
> >In addition, it is posted (now) on NCOPE's web site.
> >
> >NCOPE's Position on Residents and Non-Compete Agreements
> >
> >May 3, 2006
> >
> >NCOPE's philosophical position continues to remain the same regarding
> >non-competes and residency. That is, NCOPE does not look favorably on
> >the use of non-competes at any time during residency. However, based
> >upon legal recommendation, NCOPE cannot ban non competition agreements,
> >since there is no universal public policy reason against such an
> >agreement. Residents are employees of, and receive salary and benefits
> >from their residency program. As employees, in most states they can be
> >asked to sign valid non-complete agreements.
> >
> >-----Original Message-----
> >From: Orthotics and Prosthetics List [mailto:<Email Address Redacted>] On
> >Behalf Of Dino M. Scanio
> >Sent: Thursday, April 27, 2006 8:47 PM
> >To: <Email Address Redacted>
> >Subject: [OANDP-L] Residents and Non-Competes
> >
> >
> >Wow!
> >
> >I guess I hit a sensitive spot. Money vs. Passion. Lets not touch on
> >the idea that some companies use residents as cheap labor rather than
> >providing them with a true education
> >
> >If you are worried about proprietary information, how about a
> >non-disclosure instead of a non-compete? A non-disclosure will probably
> >hold up better in court as well.
> >
> >The purpose of my original post was to stimulate conversation and
> >thought, and it did! This will only help US better our profession as a
> >whole and look towards a future of harmony. Hopefully, the profession
> >will not be so cutthroat in that future.
> >
> >With respect to your thoughts and opinions,
> >Dino M. Scanio, C.O., L.O.
> >
> >