USACS Takes the L

[scummie]

Engage in hospital politics locally. Set up meeting with hospital CEOs but be targeted. Makes less sense speaking to an HCA or CHS ceo since those decisions often come from above the local CEO level. However local hospitals or regional systems make a lot more sense. Engage, use resources including AAEM or even the ACEP independent course which I heard good things about even though my disdain for ACEP is high. AAEM can hold your hand thru the process.

I’m in a major metropolitan area where there are two CMGs and pretty sure I have a non compete clause. Wonderful.

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[EctopicFetus]

I’m in a major metropolitan area where there are two CMGs and pretty sure I have a non compete clause. Wonderful.

It’s likely just with your cmg not the whole area. U may have to look a bit outside to start. It’s not easy but it is worth it. Scope out the hospitals. Pm me if you want I can help you. Tell me the city and I’ll find hospital options.

 

[PianoMedic]

I’m in a major metropolitan area where there are two CMGs and pretty sure I have a non compete clause. Wonderful.

Two things on non-competes:

Double check your contract. It might just be a non-interference clause, meaning you can’t interfere with the contract at your hospital. If you’re personally contracted with all hospitals in a system, then you can’t use your system contacts. If you’re only at one hospital, then you may have some leeway with others in the system but talk to a lawyer first on that. Or just go outside of your system, talk with the other system in town or outside of town.

FTC is looking at making non-competes unlawful. We should all go give public comment now/soon as they have a public comment period open. Instructions here: https://www.ftc.gov/system/files/ftc_gov/pdf/p201200noncompetenprmextension.pdf

 

[EDThoracotomy]

Regulations.gov

www.regulations.gov

Direct link here.

 

[Vandalia]

FTC is looking at making non-competes unlawful. We should all go give public comment now/soon as they have a public comment period open. Instructions here: https://www.ftc.gov/system/files/ftc_gov/pdf/p201200noncompetenprmextension.pdf

Not to throw too much cold water on this but,

If implemented, a suit will be filed against it, most probably in Amarillo, TX, with a nationwide injunction going up through the Fifth Circuit, so add a couple of years before it reaches the Supreme Court. Once it gets to the Supreme Court it will have basically no chance of success.

The Supreme Court has recently created the "Major Questions Doctrine." Basically,

Under the major questions doctrine, the Supreme Court has rejected agency claims of regulatory authority when (1) the underlying claim of authority concerns an issue of “vast ‘economic and political significance,’” and (2) Congress has not clearly empowered the agency with authority over the issue. Util. Air Regul. Grp. (UARG) v. EPA, 573 U.S. 302, 324 (2014). In requiring agencies to point to clear congressional authorization for their actions in major questions cases, the Supreme Court has further explained that Congress rarely provides an extraordinary grant of regulatory authority through language that is modest, vague, subtle, or ambiguous.

Major Questions Doctrine

So basically I would not put any hope in the FTC actually banning "noncompetes."

 

[EctopicFetus]

Not to throw too much cold water on this but,

If implemented, a suit will be filed against it, most probably in Amarillo, TX, with a nationwide injunction going up through the Fifth Circuit, so add a couple of years before it reaches the Supreme Court. Once it gets to the Supreme Court it will have basically no chance of success.

The Supreme Court has recently created the "Major Questions Doctrine." Basically,



Major Questions Doctrine

So basically I would not put any hope in the FTC actually banning "noncompetes."

Keep trying. I am no lawyer but many times these things aren’t obvious or clear. Heck Obamacare survived due to it being interstate commerce forget that insurance cant be sold across state lines. There were other parts that seemed they should be illegal but it survived for the most part.

 

[Vandalia]

Keep trying. I am no lawyer but many times these things aren’t obvious or clear. Heck Obamacare survived due to it being interstate commerce forget that insurance cant be sold across state lines. There were other parts that seemed they should be illegal but it survived for the most part.

The Supreme Court in 2023 is not the same as the Supreme Court in 2012.

In addition, the "major questions doctrine" was just explicitly formulated in June of 2022. So it isn't really valid to use an example from a decade before that date to try to figure out what the court will do with a doctrine that they just created less than a year ago. (Although it was first hinted at in 2000, it has rapidly gained steam in the last 10 years or so.)

The other point to remember is that if a Republican wins the White House, they will revoke the FTC rule.

This rule may be implemented and may be upheld by the courts, but I think it is foolish to sign a contract where the noncompete would be an important factor and dismiss it based solely on what the FTC might do.

If it is written in a contract, and it is to your detriment, assume it will be enforced.