Restrictive Covenant
A restrictive covenant, in its broadest sense, is a provision that precludes an employee
from competing with the employer and/or from working for a competitor of the employer,
for some period of time after the employment has been terminated.
Scope
This policy applies to all ACGME-accredited and AOA accredited residency programs
at Philadelphia College of Osteopathic Medicine (PCOM).
Purpose
The purpose of this policy is to ensure that the Graduate Medical Education Committee
(GMEC) is providing appropriate oversight regarding the use of restrictive covenants
in trainee agreements per Accreditation Council for Graduate Medical Education (ACGME)
and American Osteopathic Association (AOA) requirements.
Procedure
The ACGME and AOA specifically prohibits the use of restrictive covenants in trainee
agreements. In order to ensure appropriate institutional oversight as required by
the ACGME and AOA requirements, this policy has been established. Neither the Sponsoring
Institution nor any of its ACGME- or AOA-accredited training programs may require
residents to sign a restrictive covenant (aka non-competition guarantee).