NEONATOLOGIST SUES HOSPTIAL OVER NON-C0MPETE

We have previously discussed the fact that non-compete provisions often appear in contracts with healthcare providers. Typically, a group medical practice hires a new physician with a contract which prevents the new doctor from leaving the group and moving across town and opening his/her own private practice.

Here is a new twist on the story and it involves a dispute between a neonatologist and a hospital owned by HCA in Kansas City. A neonatologist is a pediatric doctor who specializes in the diagnosis and treatment of disorders in newborns. Neonatologist William Topper filed the lawsuit and alleges that HCA Midwest prematurely terminated his contract last month without cause because it wanted to replace him with another neonatologist.

The lawsuit alleges that besides conspiring with the other physician to interfere with Topper’s contract, HCA Midwest officials made false and misleading statements about Topper. The lawsuit also alleges that HCA Midwest will attempt to enforce the non-compete clause the terminated contract, which prevent him from working at other hospitals in the Kansas City area. Dr. Topper believes the non-compete represented an unlawful restraint on commerce. In my book, Dr. Topper is right on point!

Follow the story in the Kansas City Star.

CHEF GETS BURNT WITH NON-C0MPETE

Okay…I could not help myself in selecting the title to this article. We have previously discussed the fact that non-compete clauses are found everywhere from retail sales to professional coaching and food service. Now we hear the story of a famous chef who was practicing his trade in Colorado but may not be in the immediate future.

Renowned Chimney Park Bistro chef Florian Wehrli is out of a job following a shake-up with other co-owners who fired him July 3. Swiss-born "Chef Florian," as he is known to Chimney Park diners, had been negotiating the purchase of Chimney Park from its ownership group. When Wehrli declined the owners group's sale offer, they terminated him in a letter July 3.

The termination letter spells out some details of a non-compete agreement that Wehrli signed with other owners in December 2003 when Chimney Park was formed. The agreement prohibits Wehrli's employment in the restaurant business in Colorado for a two-year period following his departure from Chimney Park.

I don’t know about Colorado law but hope Virginia courts would not enforce a non-compete provision which would prevent the chef from working anywhere in the state for a period of two years!

Read the full story here.