Non-competes are subject to a number of defenses depending on the particular circumstances of your case. With the help of experienced counsel, some questions you should consider are whether your employment contract is itself valid and enforceable, whether the non-compete contains reasonable temporal and geographic limits, whether your employer has a near permanent relationship with its patients, whether you received confidential business information during your employment, whether the non-compete imposes an undue burden on you, whether it violates public policy, such as restricting movement in a small market, how long you have been employed, and whether your employment agreement contains separate consideration tied to the non-compete.
Of course, having an argument that your non-compete is unenforceable does not necessary mean that a physician will prevail in court, and defending against a non-compete in court is both costly and time-consuming. Evaluating the strength of a non-compete should be done before moving to a new position.
ASG Law can advise you with respect to physician-facility or physician-practice group agreements.