In most cases, a physician`s terms and conditions of employment are governed by his or her contract. While there are also federal and state labor laws that provide certain legal protections for healthcare professionals, these laws may not protect you from termination of your position “at will.” Often, doctors don`t think much about termination provisions in their contacts. For their first job after residency, physicians will almost certainly join an existing practice group that will require them to sign an employment contract. The provisions of this Agreement and the precise language in which it is expressed govern their obligations, responsibilities and rights in their new employment, as well as the obligations and responsibilities of their employer towards them. Many new doctors make the fundamental mistake of thinking that they can negotiate and revise the employment contract themselves without the help of an experienced lawyer who will help them understand the meaning of the document presented to them and negotiate the necessary changes. If a doctor signs his employment contract, his employer will probably be willing to include him in the team. It can sometimes be difficult to predict that an employment relationship might become acidic. Unfortunately, unexpected things happen. Before signing an agreement, please contact a qualified physician contract lawyer who will help you negotiate and structure fair termination terms. In some cases, a contractual dispute is necessary to fulfill the employer`s promises contained in a doctor`s employment contract. Of course, it`s never ideal to be forced to take legal action to protect your rights. Even if you win in a lawsuit, you still need to dedicate time and resources to handling the dispute.
If you are a doctor preparing for a new position, it is imperative that you have a qualified lawyer by your side as early as possible in the negotiation process. In order to best protect your legal rights and financial interests, it is recommended to consult an experienced employment contract lawyer before you even start negotiating the terms of the contract. In the first episode of Season 1 of the new Podcast Making the Rounds, WADA Senior Counsel Wes Cleveland shares tips on what to consider before starting the contracting process. If you are a health care employer in California, you may have legal concerns regarding employment issues. Like other companies, healthcare providers face problems such as the enforcement of the non-competition law, discrimination in the workplace, problems of remuneration and working time and other labour law issues. A contract specialist will know what the standard practices are in your state and what your employer can get away with. Employers draft contracts in their best interest – not in yours. If your unreasonable limits are included, your career could suffer. Physicians should agree with their new employer on their specific duties and responsibilities before negotiating compensation issues. They must ensure that their duties and responsibilities are clearly defined in the employment contract.
The remuneration of employed physicians is often based, at least in part, on a mathematical formula that takes into account factors such as the number of patients seen, the revenue the practice generates for those patients, the new patients that the physician`s employee attracts to the practice, and the profitability of the practice. If the physician`s income is based, in whole or in part, on something other than pure salary, it is the physician`s responsibility to ensure that he or she understands the formula and that it is set out in a complete and fair manner in the employment contract (or in a separate document attached to the agreement as evidence and incorporated into it by reference). Action Step doctors should find a lawyer who has experience with doctor`s contracts early in their job search process so that when they get to the point where they put things in writing with a particular employer, they can act quickly. When a doctor takes up a new job, the terms of his or her employment are largely governed by a contract. Unfortunately, many doctors end up signing unfavorable employment contracts that do not adequately protect their rights. But they are legally binding. Signing an ugly agreement could have serious repercussions later. So it may be time to hire a contract doctor`s lawyer for their legal services if you don`t have legal experience yourself. Some health professionals choose to review the document themselves. Others hire legal counsel with extensive experience in health and labour law to guide them through the process. Read on to get the answer to the question asked by every doctor: Action Step Doctors should review the language and impact of the contract term and termination terms with their lawyer and ensure that the terms and conditions are fair and reasonable.
Vague provisions should be clarified. If the new employer does not accept the changes to achieve these results, a physician should seriously consider accepting the position. A contract specialist may even have reviewed your new employer`s contracts in the past. You may have even more insight than you know. If they`ve ever seen deals from that employer, they`ll know if you`re getting a fair offer. .
