What Are Non-Compete Clauses?
Non-compete clauses (also called restrictive covenants) limit where you can work after leaving an employer. For CRNAs, these clauses can significantly impact career flexibility.
Common Non-Compete Terms
Geographic Restrictions
| Scope | Reasonableness |
|---|---|
| **5-10 miles** | Generally reasonable |
| **15-25 miles** | Common, often negotiable |
| **30-50 miles** | Aggressive, push back |
| **Entire county/region** | Excessive for most markets |
| **Entire state** | Rarely enforceable |
Time Restrictions
| Duration | Reasonableness |
|---|---|
| **6 months** | Very reasonable |
| **12 months** | Standard |
| **18 months** | Aggressive |
| **24 months** | Excessive |
| **36+ months** | Likely unenforceable |
Red Flags in Non-Competes
Watch Out For
❌ Broad geographic scope — 50+ mile radius ❌ Long duration — Over 18 months ❌ Vague definitions — "Competitive services" ❌ All healthcare facilities — Not just anesthesia ❌ Automatic extension — Renews with each contract ❌ Liquidated damages — Fixed penalty amounts ❌ No consideration — Nothing given in exchange
Particularly Problematic Terms
| Term | Problem |
|---|---|
| "Any healthcare facility" | Too broad |
| "Within the state of..." | Geographic overreach |
| "Begins upon termination for any reason" | Includes involuntary termination |
| "Including locum and PRN work" | Restricts flexibility |
State-by-State Enforceability
States Where Non-Competes Are Unenforceable
| State | Status |
|---|---|
| **California** | Generally unenforceable for employees |
| **Oklahoma** | Largely unenforceable |
| **North Dakota** | Unenforceable |
| **Minnesota** | Restricted (2023 law) |
| **Colorado** | Limited for low-wage workers |
States with Strong Enforcement
| State | Notes |
|---|---|
| **Florida** | Very enforceable |
| **Texas** | Enforceable with consideration |
| **Ohio** | Generally enforced |
| **Pennsylvania** | Commonly enforced |
FTC Proposed Rule
The FTC has proposed banning non-competes nationwide. As of 2025, legal challenges continue. Stay informed on developments.
Negotiating Non-Competes
Before Signing
- Identify the clause — Some contracts bury it
- Assess reasonableness — Compare to standards above
- Consult an attorney — Worth $500-1,000 for review
- Use as leverage — Non-compete modifications are negotiable
Negotiation Scripts
Requesting removal: > "I'm very interested in this position, but the non-compete clause is concerning. Would you consider removing it entirely? I'm happy to sign a non-solicitation agreement instead."
Requesting reduction: > "The 30-mile, 24-month restriction is broader than I've seen elsewhere. Would you consider reducing to 15 miles and 12 months?"
Requesting carve-outs: > "Could we add language excluding locum tenens work and positions at facilities where I'm not directly competing with you?"
What's Often Negotiable
| Term | Negotiation Opportunity |
|---|---|
| **Radius** | Reduce by 50%+ |
| **Duration** | Reduce to 12 months or less |
| **Definition of competitor** | Narrow to direct competitors |
| **Trigger conditions** | Exclude involuntary termination |
| **Locum carve-out** | Exclude temporary work |
| **Garden leave** | Payment during restricted period |
Non-Compete Alternatives
Non-Solicitation Agreements
| Term | What It Restricts |
|---|---|
| **Employee non-solicitation** | Can't recruit current employees |
| **Patient non-solicitation** | Can't solicit current patients |
| **Referral non-solicitation** | Can't solicit referring physicians |
These are more reasonable alternatives that protect legitimate business interests without restricting your career.
Confidentiality Agreements
- Patient information (required anyway)
- Business strategies
- Proprietary processes
- Compensation data
If You've Already Signed
Evaluate Your Situation
| Question | Consideration |
|---|---|
| Is the clause enforceable in your state? | Some states don't enforce |
| Was there adequate consideration? | What did you get in exchange? |
| Is the scope reasonable? | Courts may modify |
| Would employer actually sue? | Many don't |
| What's your relationship? | May negotiate release |
Options If Bound
- Wait it out — Honor the restriction period
- Negotiate a release — Sometimes granted for goodwill
- Find positions outside scope — Careful geographic analysis
- Challenge enforceability — With attorney assistance
- Buyout — Some contracts allow this
Best Practices Going Forward
When Signing Any Contract
- [ ] Identify all restrictive covenants
- [ ] Compare to market standards
- [ ] Negotiate before signing
- [ ] Get modifications in writing
- [ ] Consult attorney for significant restrictions
Documentation to Keep
| Document | Purpose |
|---|---|
| Signed contract | Know your obligations |
| Negotiation correspondence | Evidence of intent |
| Geographic scope definitions | Clarity on boundaries |
| Employer response to questions | Document interpretations |
Questions to Ask Before Signing
- "Has this non-compete ever been enforced?"
- "Would you provide a release if I leave in good standing?"
- "Does this apply if I'm terminated without cause?"
- "Can we modify the geographic scope?"
- "Are locum positions excluded?"
Conclusion
Non-compete clauses are common in CRNA contracts but are often more negotiable than employers suggest. Reasonable terms (15 miles, 12 months) are acceptable; excessive terms should be negotiated or challenged. Always review contracts with an attorney before signing, and understand your state's enforcement history. Your career flexibility is valuable—protect it.
Legal information is general in nature. Consult an employment attorney for specific advice.