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Article: Non-compete agreements have no place in healthcare.(Controversies in Nephrology Nursing: Non-Compete Clauses: Are They an Appropriate Business Strategy?)
- Article from:
- Nephrology Nursing Journal
- Article date:
- September 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 Jannetti Publications, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A non-compete agreement prohibits a terminated employee from competing with an employer or other entity by imposing a ban covering scope of practice, time, and geographical area. At one time these agreements were considered to be presumptively invalid because it was recognized that they had the potential to deny affected employees a livelihood, deprive society of needed services, and facilitate monopolization.
As the law evolved, the balance has shifted in favor of the employer and the non-compete agreement has become a commonplace feature of employment contracts. This has resulted in a system that features arbitrary enforcement and subjective interpretation. It ...