Physician Non-Compete Update: What’s Enforceable in Employment Agreements?

By Adrienne Hersh, JD, ICS Legal Counsel · January 23, 201913 min read

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IMPORTANT EDITOR’S NOTE: This article will apply only to agreements dated prior to January 1, 2022. All agreements dated January 1, 2022, and later are governed by stricter provisions added to the Illinois Freedom to Work Act. Therefore, this article must be read in conjunction with the ICS Article “REVIEW YOUR EMPLOYMENT AGREEMENT FORMS: STARTING JANUARY 1, 2022, NEW LAW RESTRICTS NON-COMPETITION AND NON-SOLICITATION CLAUSES" found here.

“Restrictive covenants” are frequently found in all types of employment agreements, including associate physician contracts. “Restrictive covenant” is a broad category that includes an employee’s agreement not to compete with the employer’s business, not to disclose proprietary information, and not to solicit the employer’s clients or patients, after termination of employment.

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About the Author

Adrienne Hersh, JD, ICS Legal Counsel

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.