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Indiana Employment Agreement and Non-Competition Agreement between Physician and Medical Practice Providing Services as a Limited Liability Partnership

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The Limited Liability Partnership (LLP) is an alternative to the limited liability company (LLC). As with the limited liability company, the limited liability partnership provides a method of insulating partners from personal liability for acts of other partners.


A limited liability partnership is a general partnership that elects to be treated as an LLP by registering with the Secretary of State. Many attorneys and accountants choose the LLP structure since it shields the partners from vicarious liability, can operate more informally and flexibly than a corporation, and is accorded full partnership tax treatment. In a general partnership, individual partners are liable for the partnership's debts and obligations whereas the partners in a limited liability partnership are statutorily provided full-shield protection from partnership liabilities, debts and obligations. It allows the members of the LLP to take an active role in the business of the partnership, without exposing them to personal liability for others' acts except to the extent of their investment in the LLP. Many law and accounting firms now operate as LLPs. In some states, with certain exceptions, the LLP is only available to attorneys and accountants.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

An Indiana Employment Agreement and Non-Competition Agreement between Physician and Medical Practice Providing Services as a Limited Liability Partnership is a legally binding document that outlines the terms and conditions of employment for physicians within a medical practice operating as a Limited Liability Partnership (LLP) in the state of Indiana. This agreement aims to ensure a mutually beneficial relationship between the physician and the medical practice, while also protecting the interests of both parties involved. The employment agreement typically covers various aspects such as the job title, responsibilities, work schedule, compensation, benefits, and other terms and conditions related to the physician's employment. It outlines the duration of the agreement, including any provisions for renewal or termination, as well as any probationary period that may be applicable. Additionally, the agreement may include provisions regarding non-competition and non-solicitation, aiming to protect the medical practice's interests and prevent the physician from working for a competing practice or soliciting patients or staff members for a certain period of time after the termination of the agreement. These provisions can help safeguard the practice's patient base, proprietary information, and trade secrets. Under Indiana law, there aren't specific types of Employment Agreement and Non-Competition Agreement between Physician and Medical Practice Providing Services as a Limited Liability Partnership, as the content and structure of these agreements can vary depending on the needs and preferences of the parties involved. However, some variations that may be relevant include: 1. Full-time Employment Agreement: This type of agreement applies when the physician is hired as a full-time employee within the medical practice and covers all aspects of their full-time employment, including compensation, benefits, and non-competition provisions. 2. Part-time or Locum Teens Agreement: This type of agreement is tailored for physicians who are employed on a part-time basis or as locum tenens, providing temporary coverage for other physicians within the medical practice. It may have specific provisions regarding scheduling, compensation, and non-competition based on the nature of the position. 3. Associate Agreement: This type of agreement is applicable when a physician joins a medical practice as an associate, typically with the goal of becoming a partner in the LLP in the future. It may include additional provisions related to partnership opportunities, buy-in options, and compensation structures. 4. Ownership Agreement: If a physician intends to become a partner or owner of the medical practice, an additional ownership agreement may be required. This agreement addresses rights, responsibilities, and terms of ownership within the LLP. In summary, an Indiana Employment Agreement and Non-Competition Agreement between Physician and Medical Practice Providing Services as a Limited Liability Partnership is a comprehensive legal document that outlines the terms of employment and non-competition provisions for physicians within a medical practice. While there aren't specific types of these agreements defined by Indiana law, variations may exist based on factors such as employment status (full-time, part-time, or locum tenens) or intentions of partnership or ownership within the practice.

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FAQ

Generally, Indiana courts don't look favorably on non-compete contracts. The employer has the burden of proof, meaning they must show the court that the agreement is enforceable. The court may find a contract to be completely void or may hold both parties to a modified version.

Indiana courts will not enforce a non-compete unless its restrictions are reasonable in scope as to time, activity, and geographic area restricted. Depending on the language of your non-compete agreement, you may be able to challenge the reasonableness of the terms.

A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.

It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

Enforceability of non-compete agreements in IndianaIndiana courts have long held that non-compete covenants in employment contracts are generally disfavored by the law, and as such, must be carefully scrutinized before enforced.

Key Takeaways. A non-compete agreement legally binds a current or former employee from competing with an employer for some period of time after employment ceases. Under such an agreement, the employee must not reveal any trade secrets learned during employment.

Duration: Durations of three to five years are common amongst non-compete agreements. However, the more specialized the role and specific the knowledge, the longer a non-compete agreement may be enforceable.

Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.

More info

Latham & Watkins Benefits, Compensation & Employment PracticeIn passing the Ban on Non-Compete Agreements Amendment Act of 2020, ... Non-Compete Agreement Series · Where ?the course of the defendant's former employment? · Non-compete clause prohibiting employee from engaging ...A note on this post: this blog post is part of our series "Non-Compete Agreements: When are they valid, and when can the new employer be ... Prohibition against corporations practicing medicine may bar enforcement of covenant not to compete in physician's employment contract. Once an employment contract has been entered into, I still can advise you concerning the legal ramifications and likely enforceability of particular clauses, as ... Physician acknowledges that VUMC, through VUMC's employment of the Physician, will provide or has provided the Physician with special and unique training and ...4 pagesMissing: Indiana ? Must include: Indiana Physician acknowledges that VUMC, through VUMC's employment of the Physician, will provide or has provided the Physician with special and unique training and ... Restrictive covenants, such as non-compete agreements, rarely condition their enforceability on the method of separation. The reason for this is simple: ... There are other states that despite allowing non-compete agreements inservices could be provided by other physicians already practicing in the area. Call (954) 680-6300 - Donna M. Ballman is dedicated to serving our clients with a range of legal services including Employment Law and Discrimination cases. If you are concerned about a non-competition agreement, speak with experienceda former employee from providing services to customers of that employee's ...

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Indiana Employment Agreement and Non-Competition Agreement between Physician and Medical Practice Providing Services as a Limited Liability Partnership