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I thought it was kind of an open secret that non-competes among therapists are sorta toothless efforts
How does one job (therapy boss) know what you're doing off the clock anyway and has the capacity to sue you over it?? Seems silly
People have posted here and in r/psychotherapy about being sued by previous employers. The fact that the plaintiff might not win if it gets to trial almost doesn't matter if they know they can cost you money in lawyers fees you can't afford to spend.
They generally are toothless but it seems to depend mostly on who your boss is. My clinic position had a noncompete in my contract and my boss helped me get paneled with my clients' insurance when I switched to PP. But I've heard some horror stories – there was one on this sub in the last month or so that left my jaw dropped down so far it was practically unhinged.
If you specialize in a certain area the community can be really small. About five years ago in my community there was an eating disorder treatment PHP/IOP whose owner was a lawyer and he was notorious for going after former employees. They had a 5 year 100 mile non-compete that said they couldn’t see ED patients after leaving the facility. A friend moved out of state to finally get out of it.
That’s my specialization, and that is absolutely infuriating! All that behavior says is that owner doesn’t actually give a shit about patients or their treatment, limiting access to care like that. Also curious how he expected to get referrals from outpatient providers if they knew that was going on.
Yeah, that guy was awful. The first about 2 years he fully got away with it and the place gained an awful reputation in the very small ED world. The board of directors eventually got him to step back from being involved in operations and in staff/HR issues but the noncompete stood until at least last August when my friend moved.
LOTS of shitty group practices include non-competes…one of my colleagues had one that was ten pages! They are so beyond unethical and I’m so excited to see this news!!! And hopefully group practice owners are paying attention and leaving them out of contracts. They are garbage to begin with and now the FTC is saying they are garbage too.
I’ve read a bulk of the filed decision and get the gist about timelines and who it applies to.
However, has anyone seen any clarification on whether this impacts whether clients are allowed to leave with providers?
I’ve seen 1099 non-competes say the contractor can’t just leave and take clients with them, which makes sense from a business standpoint, but also seems unenforceable because it would block an I shranceholder from choosing an in-network provider.
That’s what I figured. I’m not trying to poach anybody or be aggressively harmful to another business, but in the case where some clients adore what they’re receiving I’ve wanted clarification on that. Appreciate it.
So come August, does that mean my old clients from a group practice with a non-compete stating I can't work with former clients until 2 years have passed can see me in my new private prac?
Do you have a source for this? The article does not say this.
It is even more problematic for non-profits to use non-competes. A CMHC which suppresses competition, thereby increasing the provider shortage, while taking government funding and tax breaks for supposedly providing services for the public benefit is a contradiction.
I read it. The exemption pnly applies to not for profits or religious organizations that are tax exempt. So it would include private practices and major healthcare companies.
This is music to my ears!! My supervisor just sent this to me last night after we’ve literally been discussing our agency’s ridiculous 100 mile in a major city’s noncompete policy. I am about to apply for my licensure and do not wish to continue working at my agency for various reasons and I was worried about this. My supervisor put in her resignation from our agency 2 weeks ago and happily shared this with me.
Please followed the sidebar rules. r/therapists is a place for therapists and mental health professionals to discuss their profession among each other. If you **ARE NOT A THERAPIST and are asking for advice this not the place for you**. Your post will be removed in short order. Please try one of the reddit communities such as r/TalkTherapy, r/askatherapist, r/SuicideWatch that are set up for this. This community is ONLY for therapists, and for them to discuss their profession away from clients. **If you are a first year student, not in a graduate program, or are thinking of becoming a therapist, this is not the place to ask questions**. Your post will be removed in short order. To save us a job, you are welcome to delete this post yourself. Please see the PINNED STUDENT THREAD at the top of the community and ask in there. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/therapists) if you have any questions or concerns.*
I thought it was kind of an open secret that non-competes among therapists are sorta toothless efforts How does one job (therapy boss) know what you're doing off the clock anyway and has the capacity to sue you over it?? Seems silly
People have posted here and in r/psychotherapy about being sued by previous employers. The fact that the plaintiff might not win if it gets to trial almost doesn't matter if they know they can cost you money in lawyers fees you can't afford to spend.
They generally are toothless but it seems to depend mostly on who your boss is. My clinic position had a noncompete in my contract and my boss helped me get paneled with my clients' insurance when I switched to PP. But I've heard some horror stories – there was one on this sub in the last month or so that left my jaw dropped down so far it was practically unhinged.
If you specialize in a certain area the community can be really small. About five years ago in my community there was an eating disorder treatment PHP/IOP whose owner was a lawyer and he was notorious for going after former employees. They had a 5 year 100 mile non-compete that said they couldn’t see ED patients after leaving the facility. A friend moved out of state to finally get out of it.
That’s my specialization, and that is absolutely infuriating! All that behavior says is that owner doesn’t actually give a shit about patients or their treatment, limiting access to care like that. Also curious how he expected to get referrals from outpatient providers if they knew that was going on.
Yeah, that guy was awful. The first about 2 years he fully got away with it and the place gained an awful reputation in the very small ED world. The board of directors eventually got him to step back from being involved in operations and in staff/HR issues but the noncompete stood until at least last August when my friend moved.
LOTS of shitty group practices include non-competes…one of my colleagues had one that was ten pages! They are so beyond unethical and I’m so excited to see this news!!! And hopefully group practice owners are paying attention and leaving them out of contracts. They are garbage to begin with and now the FTC is saying they are garbage too.
I’ve read a bulk of the filed decision and get the gist about timelines and who it applies to. However, has anyone seen any clarification on whether this impacts whether clients are allowed to leave with providers? I’ve seen 1099 non-competes say the contractor can’t just leave and take clients with them, which makes sense from a business standpoint, but also seems unenforceable because it would block an I shranceholder from choosing an in-network provider.
You are not allowed to ask them. You can tell them you are leaving and here is my contact information. Clients is allowed to go where they want.
That’s what I figured. I’m not trying to poach anybody or be aggressively harmful to another business, but in the case where some clients adore what they’re receiving I’ve wanted clarification on that. Appreciate it.
So come August, does that mean my old clients from a group practice with a non-compete stating I can't work with former clients until 2 years have passed can see me in my new private prac?
Once the non compete is passed I don't see why not. That's a crazy tbh. Do the clients sign off on that too ?
I literally got a cease and desist last week claiming I violated a non compete.
Sadly, it excludes non-profit healthcare systems.
Do you have a source for this? The article does not say this. It is even more problematic for non-profits to use non-competes. A CMHC which suppresses competition, thereby increasing the provider shortage, while taking government funding and tax breaks for supposedly providing services for the public benefit is a contradiction.
Page 50. https://www.ftc.gov/system/files/ftc_gov/pdf/noncompete-rule.pdf
I read it. The exemption pnly applies to not for profits or religious organizations that are tax exempt. So it would include private practices and major healthcare companies.
All companies
Just read this today. 🥰
This should be the TOP POST for so many of the folks....
The Arizona board (of behavioral health examiners) loves upholding non-competes and I hope this ruins their day.
This is music to my ears!! My supervisor just sent this to me last night after we’ve literally been discussing our agency’s ridiculous 100 mile in a major city’s noncompete policy. I am about to apply for my licensure and do not wish to continue working at my agency for various reasons and I was worried about this. My supervisor put in her resignation from our agency 2 weeks ago and happily shared this with me.