POLICY ON NON-COMPETITION

Non-Competition Agreement

The following policy has been approved by the Dean and Committee of Chairs:

Revised: 06/23/1998 and 05/31/2000.

POLICY:

In the event that the employment relationship terminates between the University of New Mexico ("UNM") and an employee ("Employee") covered under this policy, Employee agrees that for a period of two (2) years from the date of termination, he/she will not perform patient care services and/or practice medicine within the greater Albuquerque metropolitan area (defined as Bernalillo County, Sandoval County and Valencia County). This policy shall be a condition of employment effective September 1, 1995 for individuals hired on or after that date.

APPLICABILITY OF POLICY

This policy is applicable to employees who meet all of the following conditions:

  1. Hold either an M.D., D.O., D.D.S., or other clinical degree;
  2. Either receive a full-time faculty contract or are who are employed full-time by the UNM as a staff clinical provider; and
  3. generate clinical patient care revenue.

EXCLUSIONS FROM POLICY:

This policy shall not apply to:

  1. Employees who retire from UNM; or,
  2. Employees who are involuntarily removed due to a negative First Term Review (Code Three) or a negative tenure decision or other circumstances under which the Employee is involuntarily removed from employment with the approval of the Dean; or,
  3. Employees who are in training at UNM to complete a non-American Council on Graduate Medical Education (ACGME) fellowship, or.
  4. Temporary employees.

BUY-OUT:

This policy shall be in effect beginning with the official date of hire and shall be in force for the duration of an individual’s employment by UNM, except as indicated above under “Exclusions From Policy.”. In the event that the Employee desires to terminate his or her employment with UNM, the Employee has the option to buy out the obligation by payment to the UNM of an amount equal to one year’s current total income received from UNM, plus recruitment, moving and other costs incurred by UNM to hire and support that employee.

WAIVER:

A waiver or modification of this policy may be granted if justified by exceptional circumstances. A department chairperson, upon receipt of a request from the Employee, may request that the Dean approve a waiver or modification. The Employee and the department chairperson must submit a written justification to the Dean detailing the rationale that supports waiver of this policy to that employee. The Dean shall have extensive discretion and flexibility in the determination of whether to waive the policy and will issue a written decision. The Dean's decision shall be final and not subject to appeal.

ENFORCEMENT

Breach of any portion of this agreement would cause irreparable harm to UNM and UNM shall be entitled to all relief allowed by law, including liquidated damages.

IMPLEMENTATION:

  1. All Employees covered under this policy shall sign the "Non-competition Agreement" attached to this policy at the time of their acceptance of the offer of employment.
  2. All Letters of Offer shall be extended with the following paragraph:

In the event that the employment relationship terminates between the University of New Mexico ("UNM") and an employee ("Employee") covered under this policy, Employee agrees that for a period of two (2) years from the date of termination, he/she will not perform patient care services and/or practice medicine within the greater Albuquerque metropolitan area (defined as Bernalillo County, Sandoval County and Valencia County). This policy shall be a condition of employment effective 1 July, 2000, for individuals hired on or after that date. Enclosed, please find the "Policy on Non-competition" and the "Non-competition Agreement" which must be signed and returned with your acceptance of this offer of employment.