Q. I run a physician’s group, and one of our new doctors has informed me that a noncompetition agreement for physicians is unenforceable in North Carolina. Is that true?
A. No. While some states expressly prohibit employers from entering into noncompetition agreements with physicians, such agreements are allowable in North Carolina.
However, a reviewing court may consider certain public policy reasons why the agreement should not be enforced, such as whether enforcement would create a monopoly in medical services in a geographic area or whether enforcement would effectively deprive a geographic area of a medical specialty.
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