Nonsolicitation Clause - Physician Contract Glossary

Nonsolicitation Clause

Definition

A contract provision preventing you from directly contacting or recruiting patients, employees, or referral sources from your previous employer.

Examples in Context

“The physician agrees not to solicit patients from the clinic for 12 months after termination.”

“Upon termination, the physician may not directly contact, solicit, or attempt to recruit any current or former employees of the practice for a period of one year.”

“The physician agrees not to engage in written, verbal, or electronic communication intended to encourage patients to leave the employer’s practice for 18 months following resignation.”

Implications for Physicians

• Can limit your ability to maintain relationships with previous patients or staff.
• Could reduce your ability to rebuild a referral network quickly.
• May impact your ability to build a successful practice nearby.

Negotiation Tips

• Ask for exceptions for patients who voluntarily request to follow you to your new practice.
• Request a shorter nonsolicitation period (e.g., 6 months instead of 12 months).
• Clarify that casual conversations and passive marketing efforts (e.g., social media announcements) do not qualify as solicitation.

Red Flags and Pitfalls

• Overly broad language may restrict you from even casual interactions with patients or staff.
• Some contracts may define "solicitation" in a way that penalizes you for actions outside your control, such as word-of-mouth referrals.
• Vague language may expose you to lawsuits if patients leave your previous employer without your active involvement.

Related Terms

• Restricted Activities
• Confidentiality Covenant
• Consequences of Violating Restrictions

FAQs

• “Can I send a general email or postcard announcing my new practice?”
  • Yes, but avoid language that directly encourages patients to leave your former employer. General announcements are typically permissible.
• “What if patients reach out to me directly?”
  • Most contracts allow you to treat patients who initiate contact without your solicitation. Clarify this exception in your contract.
• “Can I maintain contact with my former medical assistants or front desk staff?”
  • Not always. Some contracts restrict you from hiring or encouraging former staff to leave for a set period. Ask for reasonable limits on this restriction.

Legal Disclaimer

The information provided in this glossary is for educational and informational purposes only and should not be construed as legal advice. While we strive to provide accurate and up-to-date information, this content is intended to help physicians better understand common contract terms and does not replace professional legal guidance.

For personalized advice regarding your employment contract or other legal concerns, we strongly recommend consulting with a qualified attorney who specializes in physician employment contracts.

You can find experienced legal professionals through our Physician Contract Lawyer Directory.