In the previous episode of Petworking, Daryl Hatton and I delved into the difficult topic of financial euthanasia and its role in the increasing compassion fatigue among veterinarians. We highlighted the alarming mental health crisis in the veterinary field, underscored by a high suicide rate and the startling statistic from Royal Canin that 70% of veterinarians have known a colleague or peer who died by suicide. Mars Petcare's projection of a 41,000 veterinarian shortage in the U.S. by 2030 due to burnout and exit from the profession paints a grim picture.

This week, we shift focus to another significant challenge in veterinary medicine: non-compete agreements. Joining us is Paul Diaz, founder of Offer First, and my college friend and legal expert, Henry Whitehead. They bring a blend of personal experience and legal insight into the impacts of non-competes on veterinarians' careers and mental health. Our discussion covers the legal nuances, emotional toll, economic consequences, and ethical considerations of these agreements, especially in light of the FTC's anticipated vote on banning such clauses in employment agreements by 2024.

With Henry's legal expertise, we discussed the following aspects of non-compete agreements, both in the veterinary profession, and in general.

• Why the enforceability of non-compete agreements is highly dependent on state law and specific circumstances

• Employer motivation for utilizing non-compete agreements, and alternative methods for protecting business interests while ensuring better care for animals and improved working conditions for veterinarians

• The emotional health impacts on those subjected to non-compete agreements and the potential for limiting career mobility

• The economic impacts of non-compete agreements, specifically with respect to depressing veterinary wages

• The financial risk associated with defending against a non-compete lawsuit, and why it's generally more cost-effective to hire a lawyer for front-end contract negotiation. Non-competes might not always be enforceable, but the risk and expense of defending against them can be significant

• The relationship between the projected shortage of veterinarians and the use of non-compete agreements. At a time when pet parents' access to veterinary care is severely limited, is it ethical to limit veterinarians' ability to practice for the sake of preserving business interests?

• Why some leading veterinary businesses have abandoned the use of non-competes, and whether we could see this model replicated in the near future, not withstanding the fact that the FTC is expected to vote on a rule to ban non-compete clauses in employment agreements in April 2024