legal corner
The Right to Work
By Joseph L . McGregor
28
T exas is an “ at-will ” state . Everyone knows that . At least , it seems everyone knows that because dentists routinely say this when insisting that staff can be poached from their former employer . The problem is that they are probably wrong .
The “ at-will ” doctrine is commonly misunderstood , sometimes to the legal detriment of associate dentists . Most understand that “ at-will ” implies that an employer and an employee can sever their relationship at any time , and for any reason . This is largely true ( there is some nuance , but that is outside the scope of this article ). It gets complicated when we pair this concept with a restrictive covenant .
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A Restrictive Covenant is a device we employ in virtually every employment contract that limits that dentist ’ s rights in some way after termination . The most common restrictive covenant is a non-compete , a certain radius wherein a departing dentist is forbidden to practice dentistry . We do this to protect the former employer . Typically , this non-compete is accompanied by a non-solicitation provision .
The “ at-will ” doctrine is commonly misunderstood , sometimes to the legal detriment of associate dentists .
A non-solicitation provision restricts a departing dentist from encouraging patients or staff of that office to leave and be treated at that dentist ’ s next place of employment , or to get a job at that next employer . For instance , if a dentist develops a great working relationship with a certain assistant , but then leaves across town to work for another office , she may be contractually restricted from bringing that assistant with her . And that ’ s where a common misconception happens .