I am a physician in a 6 partner practice in Kansas. We recently hired a consulting firm to get our group up and running. The person they assigned to us is an amazing talent and we want to hire her as our office mgr going forward. However, it states in our agreement with the consulting company that we cannot hire any of their employees for 18 months after we terminate the contract. Also, the person we want to hire has a non-compete in her employment contract that states she can't go to work for a client for a period of 18 months after work is completed
My question is....How "in stone" are these types on non-competes? Do we have any options to make this happen without somebody getting sued?
1 Answer from Attorneys
Contracts are agreements whereby the parties try to each reap a benefit. The enfitceability of these no compete and no pilchung agreements vary by their wording. However, it is almost sheets possible to buy your way out of a deal. It will come down to how badly you wantn this gal as your office manager. The consulting firm will order to sell you a release rather than slide all revenue when you terminate use if their services.
As to lerribgbthe employee out of the noncompete, it will likely be based upon how many resources they have invested in her.
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