The Second District Court of Appeal reversed the trial court decision and remanded the cases back to the trial court, records with the appellate court show. A trial court entered a summary judgment in favor of the doctors. Prior to the June 11 lawsuit, Physicians Regional pursued injunctions in 20 against several physicians who left for employment at NCH. NCH would tell the doctors that it would defend them against any action Physicians Regional would take.
Allen Weiss, president and chief executive of NCH, and Kevin Cooper, chief of staff, knowingly supported the practice, the complaint states. Although they are not named as defendants, Dr. The complaint said NCH’s “deceptive misinformation” about the unenforceability of noncompete terms is part of a recruitment pitch to Physicians Regional doctors to breach their contracts. Physicians Regional seeks damages in excess of $75,000 under Florida’s Deceptive and Unfair Trade Practices Act. NCH has caused significant harm to Physicians Regional, including loss of patients, good will and confidential business information, the complaint states. NCH’s position about noncompete clauses is based on a “contrived theory of corporate ownership that was and is contrary to Florida law,” according to the complaint. More: NCH Healthcare System launches new security protocols
More: Blue Zones health practices permeate NCH Healthcare, Gulf Coast charter school NCH would refer the doctors to an attorney who would tell them their noncompete clauses are not enforceable. The complaint said NCH would negotiate with the doctors while they were still employed by Physicians Regional. The noncompete clauses prohibited them from becoming employed by NCH or other local competitors for one year after leaving Physicians Regional. The doctors had employment contracts with Physicians Regional Medical Group that contained noncompete terms. In the June 11 complaint, Physicians Regional says seven doctors it recruited and established in practices were poached by NCH starting in late 2014. Physicians Regional Healthcare System has filed a federal lawsuit alleging competitor NCH Healthcare System poached physicians.