Question: 1 . In May 2 0 1 5 , Dr . Elizabeth Blackwell ( Black - well ) had earned her medical doctor degree and
In May Dr Elizabeth Blackwell Black
well had earned her medical doctor degree and
completed all necessary requirements to receive
a license to practice medicine in the state of
Longville. She specialized in nevrological medi
cine. Although she was offered professional oppor
tunities in several large hospitals, she pursued an
employment offer with Neurological Associates,
LLC NA NA is a twophysician practice located
in a small town in the southwestern area of the
state of Longville and miles north of Galway,
the largest city in Longville. Although the pay was
lower than that in the larger hospitals, Blackwell
wanted to be close to her family and did not wish
to engage in a practice that required the strenuous
schedules associated with larger medical providers.
NA was managed by two partners, Dr Richard
Cohn Cohn and Dr Jean Valjean Valjean While
negotiating Blackwells employment agreement,
Immediately after hiring Blackwell, NA paid for
Blackwell to accompany the partners to a medical
conference at which they were scheduled to speak.
At the conference, Cohn and Valjean introduced
her to a number of physicians in hopes of building
the referral base for the practice.
In July Cohn approached Blackwell and
told her that he needed her to sign an additional
document that was supposed to be part of her con
tract but that he had neglected to mention during
negotiations. He explained that the document was
standard procedure in medical practices and that
he had been so busy during the negotiation period
that he had forgotten to mention it to Blackwell. He
went on to explain that Blackwell should sign the
document by the end of the workday and that this
would make the lawyers happy.
The document was titled Addendum to Contract
Restrictive Covenant and Noncompete Clause and
read in pertinent part
Section : The parties hereby agree, in consideration
of the exchange of good, valuable, and sufficient
consideration, to be bound by the following
provision: For a period of three years after the date of her
separation from NA Blackwell agrees that she
will not contract with any provider of neurological
services, nor compete in any way with NA within
a radius of miles of NAs practice location. It is
acknowledged that this restriction covers the entirety
of the southwestern region of Longville.
Blackwell felt that she should have a lawyer review
the document, but Cohn insisted the addendum
was normal procedure and she needed to sign it
quickly to make things legal He emphasized
that he would have to have the signed document
by the end of the day or as it was a condition of
her employment, Blackwells payroll check could
not be processed until the document was signed.
Blackwell reluctantly signed the document and
submitted it to Cohn.
In August Blackwell began to have conflicts
with Cohn and, to a lesser extent, Valjean. While
Cohn and Valjean took frequent vacations during
the summer, Blackwell was left to staff the practice
alone. She felt overwhelmed and met with Cohn
to discuss a more equitable work schedule. Cohn
refused any negotiation, explaining that Blackwell
was hired as a workhorse and that her salary was
fair given the size of the practice and market. Cohn
urged Blackwell to continue her hard work and not
to complain about her work schedule. Eventually,
explained Cohn, Blackwell would become a part
ner in the practice and would enjoy the fruits of
her labor.
In September Blackwell continued to handle
a very heavy caseload, seeing almost twice as many
patients as Cohn or Valjean. In response to Black
wells plea for additional staff, NA hired a new
physician to help manage the caseload. Although
Blackwell was initially relieved, the situation at
work continued to deteriorate. The workload was
such that Cohn kept denying Blackwells request
for time off to prepare for the upcoming board cer
tification exam, advising her to put it off until the
caseload lightened up a bit.
Blackwell began to receive phone calls from
recruiters trying to lure her away from the practice to work at a new neurology clinic in Galway Hos
pital located in the city of Galway The recruit
ers offered a significant amount of money because
there was a substantial shortage of neurologists
in the southwest region of Longville. However,
Blackwell never pursued these opportunities
because she believed the restrictive covenant pre
vented her from working in Galway.
In January Blackwell was granted her paid
leave to prepare for her board certification, and she
took the exam in February However, after
she returned to the practice, she began to feel even
more isolated from the other physicians.
She anticipated starting at
Galway
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