I'm in a situation where I wish to open a medical spa and I have signed a restrictive covenant at my current primary care office where I am not supposed to "practice medicine" withing a 10 mile radius for 2 years after I leave. I do not believe that I am violating the convenant b/c I will not be practicing primary care medicine. Please let me know your thoughts and if you've had a similar experience. Thanks so much!

I was in a similiar situation in an OB/GYN practice years ago. I left that practice and went to work for my former supervising MD in a gyn only practice. I was able to get out of the restrictive covenant on the grounds that it was a gyn only practice and not an ob AND gyn practice. I would think your lawyer can argue that you are not practicing primary care. My advise is to find a good employment lawyer.

Thanks a lot for the reply. Hopefully I won't have to go to court in order to get this straightened out. I'll keep you posted.

I wouldn't sweat it- "do not compete" covenants are forthe most part not enforceable.