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Can a Departing Employee Take Business with Them

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ca2

Junior Member
What is the name of your state? Washington

1) Can an employer effectively enforce a non-compete clause? I am a chiropractor currently employed by another chiropractic clinic and planning to open up my own practice in the same town. I have never signed a contract stating that I will not compete.

2) Can an employer claim "ownership" of patient files as a method of preventing me from starting up a business? In other words, can I legally write to patients and announce that I am opening elsewhere? Can I legally copy their chart information for use in my new clinic if I know they intend to follow me?
 


Beth3

Senior Member
1. Of course an employer can enforce a valid non-compete clause. If you violate the agreement, they can file a civil suit against you.

2. There are no specific laws that prohibit this, if that's what your asking. If you do these things, it's quite possible the clinic will file suit against you however. These are not "your" patients - they are the clinic's patients. Nor do you have any legal right to copy their medical files. Those belong to the clinic and the patients, not to you.

I suggest you consult with an attorney before you do any of this as you may find yourself on the receiving end of several civil actions if you proceed. At the very least, what you are considering is unethical.
 

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