The "Rogue" Physio Employee

Hi there fellow physios.

I would like to start a forum topic asking about those who have been the "victims" of having an employee or contractor who has worked for them for a period of time, only to leave, set up shop close by and take a significant part of the client base with them.

I am sure there are a number of you. I would also like to hear comment from those who made the move from employee to setting up close by and ask for their reasons in doing so. I am sure there are great tales to tell on both sides of the fence and it would be great to try to understand this constant fear of the practice owner.

regards PhysioBob

Well, we usually sign a contract in which the employee recognises that if he/she opens a practice less than (X)km away in the following 3 years after leaving, he/she would have to pay an amount of (a big lot) euros to the practice owner in compensation.
Someone doing this would also have big problems with professional representatives.

Hi

Hasn't happened to me but my lawyer says that the restriction has to be reasonable. 1km for 1 year, 2km for 2 etc seemed to be a rule of thumb but not much you can do to enforce it.

If they belong to a professional organisation, maybe they can help you.

This is as yucky as a fermenting pail of sheep organs. :x

I have to say this, there is absolutely nothing stopping some ex-employee from opening a practice near you (in Canada at least). Sure it can be in a contract but it is an unreasonable expectation to have the sole means of income for an individual to be confined geographically. This is a capitalistic economy and if the person is a better physio than you and you find that your numbers are dropping then it might be better to upgrade your skills than to pursue a costly legal action where you WILL eventually lose and be seen as a "sore loser" in the community. (I can hear the nails scratching at the computer screen now)

Just have faith in your skills and your reputation in the community and it will carry you through. People will see your passion to heal as oppossed to you passion to make money and will trust their health care to you.

Adamo

The issue here isn't always one of fair competition, it's sometimes one of theft. It's not unheard of that an employee who is looking to set up on their own will start to spruik whilst still employed by someone else or they will steal lists of patients to start their new venture.

The worst case I've heard of was a practice that was moving 3 doors away. Two of the four physios’ decided to take the lease on the existing premises and were secretly telling their patients to come back and see them. They were also collecting copies of forms, lists, policy documents and everything else they needed to start their own business without the hard work or risk usually associated with such ventures. I even heard of an ex employee that threatened legal action if the practice didn't direct all 'his' old clients to his new business.

Hence, restraint clauses are often used to allow an existing practice a short time to transfer their patients to a new practitioner before facing competition. It can level the playing field (if well drafted). Restraints that prevent simple re-employment are usually unenforceable.

Maybe an agreement that says "you will not steal ...." would be more effective however employees and unions may see that as a little affronting.

www.physiotherapy.asn.au/pba

I have recently started to implement what I call a Gamekeeper contract. I used the term gamekeeper because its clear thats its about catching Poachers. Poachers are people who steal other folks stock. I find that most professionals want to have a somewhat higher identity than a 'poacher', they want to believe that their own skills will win them clients, when the actuality is that most folk develop a relationship with their practitioner, and its that relationship which folk want to follow. We all know of clinicians who are not that competent but who have a great following.
I had someone work for me who was blantanlty building his practice. He handed out business cards to all my clients while I was away, and did the same wherever he worked. He now has his own practice and I wonder what he does when someone else works for him?
Any poachers turned gamekeeper out there?
Jill