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Kentucky 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.

A Kentucky 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 working in a medical practice structured as a limited liability partnership (LLP). This agreement includes provisions related to the physician's scope of practice, compensation, benefits, and obligations. One type of Kentucky Employment Agreement and Non-Competition Agreement between Physician and Medical Practice Providing Services as a Limited Liability Partnership is the Full-Time Employment Agreement. This agreement is designed for physicians who are employed on a full-time basis, typically working a specified number of hours per week or month, and receiving a fixed salary or compensation package. Another type is the Part-Time Employment Agreement, which is intended for physicians who work on a less than full-time basis. This agreement specifies the number of hours or days the physician will be working and outlines the corresponding compensation, benefits, and obligations. Additionally, there may be specific agreements tailored to physicians joining the medical practice as a partner, such as the Partnership Employment Agreement. This agreement details the terms of the physician becoming a partner in the LLP, including capital contributions, profit-sharing, decision-making authority, and any additional responsibilities associated with partnership. The Employment Agreement portion of these documents typically includes clauses addressing the physician's duties and responsibilities, which may encompass patient care, administrative tasks, continuing medical education requirements, and adherence to professional standards. It will also specify the compensation structure, including salary, bonuses, incentives, and reimbursement for expenses incurred in the course of their employment. The Non-Competition Agreement component typically contains provisions restricting the physician from engaging in competitive activities during and after their employment with the medical practice. This may include limitations on working for rival healthcare providers, establishing competing practices, or soliciting the medical practice's patients or staff. The duration, geographic scope, and potential penalties for violating the non-competition agreement are also usually outlined. It is crucial that physicians thoroughly review and understand the terms and implications of the Kentucky Employment Agreement and Non-Competition Agreement before signing, as these contracts can have significant effects on their professional freedom and future career prospects. Seeking legal advice and professional guidance when negotiating or reviewing these agreements is highly recommended ensuring compliance with Kentucky state laws and protection of the physician's rights and interests.

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How to fill out Kentucky Employment Agreement And Non-Competition Agreement Between Physician And Medical Practice Providing Services As A Limited Liability Partnership?

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FAQ

If the clause is enforceable and you're in breach, there are various sanctions that your ex-employer can seek. These include: An injunction: This would stop you from carrying out your new role and you may also face payment of the other party's legal costs.

While non-compete agreements are valid and enforceable under Kentucky law, they are not allowed to place an undue burden on the employee.

If the reason for your termination is employer misconduct - discrimination, illegal activity by the employer or similar misconduct - then most courts have held that a non-compete is no longer enforceable.

Non-competes remain legal, valid and enforceable in Kentucky if they meet certain requirements. With no Kentucky statute on point, judges have established rules through state common law in court opinions.

Russell Beck: So there is no federal law on noncompetes; every state has its own noncompete law. Some states, like California, don't enforce noncompetes at all; they favor employee mobility over the protection of former employer's information.

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.

Some states have enacted even broader restrictions on non-competition agreements. Later this year, the District of Columbia will join California, North Dakota, and Oklahoma as the only states that ban the use of employer/employee non-competition agreements in most circumstances. See D.C. Act 23-563.

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.

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.

Existing employment relationship with no new consideration In 2014, the Kentucky Supreme Court made it clear that when an employer seeks to impose a non-compete agreement on an existing employee without granting additional consideration, the agreement is not enforceable.

More info

What are Non-Compete Agreements? Non compete clauses are also called a provision or restrictive covenant. The purpose of non-competes is for employment context. 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 ...In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an ... 480-4(c) provides: A. ?covenant or agreement by an employee not to use trade secrets of the employer or principal in competition with the employee's or ...41 pages 480-4(c) provides: A. ?covenant or agreement by an employee not to use trade secrets of the employer or principal in competition with the employee's or ... Non-competition agreements or ?non-competes? are an essential tool used in an employment contract to protect trade secrets and other confidential ... Use of Practical Law websites and services is subject to the Terms of Usecompete agreement (also referred to as a non-competition.15 pages Use of Practical Law websites and services is subject to the Terms of Usecompete agreement (also referred to as a non-competition. When it comes to physician employment agreements, non-competeAfter assuming the risks and costs of building a medical practice, they? There are other states that despite allowing non-compete agreements inservices could be provided by other physicians already practicing in the area. In order for a non-compete covenant in an employment contract to be?Employment covenants restricting physicians in the practice of ... The Freedom to Work Act previously prohibited employers from entering into non-compete agreements with ?low wage workers,? effectively defined ...

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