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Non-compete covenants for professional services such as medical care, legal representation and mental health treatment raise distinct issues that are not present in other businesses such as the sale of goods or non-personal services and a thorough knowledge of applicable state law may be required to clarify the legally permissible options available to a social worker who is relocating to a new employer or private practice. Ethics Considerations While non-compete clauses are becoming a more common business practice, such provisions may create ethical and legal dilemmas for the professional social worker.
However, the Convention may affect a domestic assignment of a domestic receivable if: (a) it is in conflict with an international assignment of the same receivable; or (b) if it is one in a series of subsequent assignments, one of which, falls within the scope of the Convention.
In some situations the ethical standard of care would support the social worker continuing to provide treatment to a particular client when a social worker leaves an employment setting.
In such a situation a non-compete clause may pose a conflict between the ethical principle to maintain the commitment to the client’s interests as primary (NASW, Standard 1.01, 2008) and the requirement that social workers honor their employment commitments.
Social Work Ethics and Non-Compete Clauses in Employment Contracts and Independent Contractor Agreements By Sherri Morgan, LDF Associate Counsel, and Carolyn I. Concerns about continuation of treatment for clients who are receiving mental health services are frequently raised by the clinical social worker who is planning a career transition.
The legal status of non-compete provisions varies considerably based on a number of factors including state law, the profession or business at issue, the nature of the non-compete’s limitations, and the specific facts of the case.
The examination will consist of six papers covering certain aspects of substantive and procedural laws essential for every legal practitioner licensed to practice in India.