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Reminiscing the Fellows’ Office

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LEGAL CORNER

LEGAL CORNER

New Hampshire, New Mexico, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Texas, and West Virginia.

On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule to ban noncompete clauses at the federal level. The proposed rule seeks to make it illegal for employers to enter into noncompete clauses with workers (employees or persons who perform work under contract). The rule would apply to anyone working for an employer, paid or unpaid, in addition to requiring employers to rescind existing noncompetes and actively inform workers they are no longer in effect. The comment period was extended to April 19, 2023. At the time of this writing, the federal proposed rule is still pending.

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Conclusions

Although the enforceability of restrictive covenants is not guaranteed, without legislation otherwise, courts tend to rule with the employer as long as the restrictive covenant is reasonable with regard to time and geography. There is skepticism whether the FTC Proposed Rule will be successful in changing this environment. As the shortage of HCPs continues to increase, it will be interesting to see whether more states, including Pennsylvania, enact legislation that limit or void restrictive covenant enforceability.

As I moved my workstation from my place in the fellows’ office to the third years office, I could not stop thinking about what one of recently graduated fellows had said at graduation – “you all changed my life”. I could not agree more.

Over the years, my program had outgrown one room for all the fellows and therefore, the third years had the distinct honor of moving into an adjacent office, not more than 10-15 feet away from the OG fellows’ office - but somehow it feels like a different world. The independence and quiet of the “big kids” office reminded me that training would soon be coming to an end – and with that, the safety, comfort, and sometimes gossip of the fellows’ office will soon be gone.

The comradery we experience during training is one that I feel we do not acknowledge – or celebrate – enough. While we may not all be friends in the truest sense of the word, there is a unique relationship that forms amongst those who share the experience of medical training, whether that is medical school, residency, or fellowship. No one else can understand exactly what you are going or went through, but the ones who did it beside you.

Whether applauding a co-fellows first cecum, commiserating over yet another FOBT+ consult, insight into different attendings’ styles and expectations, reminders about conference deadlines, venting about a sleepless call night or personal struggles, the discussions behind closed doors in the fellows’ room is critical in our fellowship experience. The laughter, frustration, and success we share with our co-fellows has an immeasurable impact on our growth. I hope to never underestimate that the bonds forged during this transformative period go on to shape careers – and lives.

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