Nearly every physician employment contract contains a provision that allows either party to terminate the agreement for any reason with a certain amount of notice to the other party. The typical amount of without cause termination notice is either 60 or 90 days.
Terminating employees is an important business decision. There are two types of terminations: with cause and without cause. To fire someone for violating company policies or committing unethical acts can be justified as termination with cause, but firing them for poor performance alone may not be enough reason to discharge the employee; this type of dismissal should instead fall under \”termination without call.\” It\’s essential that you understand which kind your terminating before making a final decision on whether or not it would have adverse consequences in other departments within your organization.
Terminating an employee without cause is a common practice among private employers. This type of dismissal can occur for any number of reasons, such as budget problems or operational restructuring and downsizing. The phrase \”termination with cause\” might be more accurate since the employer has grounds to fire someone who isn\’t performing up to expectations or meeting certain criteria laid out in their contract; however, they do have this right under work at-will laws present in some form across all 50 states unless moving forward would violate state or federal employment law.
How Does a Physician Provide Notice?
There will be a Notice Section in every physician employment contract. This Section will detail how notice can be given: personal delivery, via certified mail, email, fax, etc. The physician must provide written notice of intent to terminate the agreement. Verbal notice is not sufficient.
Considerations with Longer Notice
- Greater than 90 days’ notice
- More time to prepare for a new job (travel, credentialing, etc.)
- Awkward work environment
- Hostility from employer
Considerations with Shorter Notice
- Less than 90 days’ notice
- Less interaction with employer
- New employer does not have to wait a long period of time for the physician to start
- Not enough time to prepare for new job (tail insurance, credentialing, housing, etc.)
Term Length
The term of the employment agreement refers to how long the contract lasts. The length of most physician employment agreements is between 1 to 3 years with automatic renewal after the initial term ends.
Contract duration clauses are often found in employment contracts to outline how long the contract will last. This is typically done for an indefinite amount of time, but if there was a specific date stated on when it would end then that could be included as well. An example of this might include someone being hired with no specified term length and them coming back after they have completed their degree or reached some other goal set by both parties so that work can resume again more easily without having to start from scratch every time something happens outside their control like graduating college in four years instead of six because you were able to go part-time while working during your first two years before going full-time once classes stopped for summer break.
You would be wise to use a duration clause when defining an agreement\’s effective period. This can help you protect your interests should the contract need early termination, and also helps provide clarity in regards to what type of early termination is possible for both parties involved. It includes things like whether or not it will end on its own accord at some point, if there are any specific events that trigger an automatic expiration date (such as breach), and more!
When creating a contract, both parties should know what the terms are. If there is a duration clause in place it\’s common for either party to be able to renew with one another if they desire. And as long as you spell out your conditions within the duration clause this can also prevent any confusion about when their time will expire and how much notice must be given before termination of service takes effect .
Not every contract has an explicit end date, but those that do usually allow flexibility on behalf of both parties who may have desires to continue after expiration or wishes not too terminate prior to its conclusion. You could always include these personal clauses into the main document itself, explaining them clearly so everyone knows where they stand at all times- including yourself!
For Cause Termination
Companies usually have an employee handbook to outline the standards of behavior expected from their employees. A separate code of conduct may also be in place, outlining specific incidents for termination should they happen within a company or on its premises. Common causes that lead to immediate dismissal include violence and drug abuse but theft is not uncommon either as well as sexual harassment depending upon the severity and number of offenses committed by one individual. The more severe cases typically result in automatic termination with lesser violations which might require progressive warnings before finally being terminated if it reaches a point where other options are no longer viable
When the Length Does Matter
The one instance where the initial term of the agreement matters is if the physician must repay a sign-on or relocation bonus if they leave within the initial term of the agreement. The agreement will dictate how much of the sign-on bonus is forgiven based upon the length of the physician’s employment. For instance:
- If the initial term is 24 months, each month 1/24 of the sign-on bonus is forgiven.
- If the initial term is 36 months, each year completed will forgive 1/3 of the sign-on bonus.
- If the physician does not complete the initial term, they must repay all the sign-on bonus.
Set Term With the Employer
Simply put, not all employees enjoy the same protections when it comes to employment. This is why it\’s so important for individuals negotiating a contract be fully aware of their options before committing themselves and signing on that dotted line. For example, an at-will employee can potentially get let go with no notice whatsoever if they don\’t do what their employers want them to do—think back from your favorite show where someone gets fired because she didn\’t sell enough lemonade in one day! Meanwhile, there are also some contracts which specify fixed terms like two years or more; these types of agreements will detail specific reasons as well as probation periods (if applicable) for termination without cause should either party fail to uphold certain obligations set forth by this agreement.
When an employee must quit their job, they are obligated to give notice that the relationship is ending. It\’s typical for a physician to give between 60 to 90 days notice before terminating employment so both parties can prepare accordingly.
An employment contract is a formal agreement between an employee and employer in which the two of them agree to work together. The fixed-term contracts are one type, but there are also other types for jobs with more fluid timelines such as hourly wages or commissions based on performance.
In a fixed service contract, employees are able to be terminated early if the employer provides valid reasoning and proof. However, employers must provide evidence that an employee was not fulfilling their obligations before termination can occur. For instance: If an employee wasn\’t providing services agreed upon in a contract but had been given sufficient time for absences due to illness or injury then they could cancel it without giving notice; however, if there is no reason provided by either party this would fall under \”constructive dismissal.\”
An employee who signed a fixed term of employment has certain rights when considering being dismissed from work earlier than expected based on agreement with the company during negotiation stages- one such right relates back to whether or not duties were met as per the original terms set
Physician Employment Agreement Review
Contracts are a pervasive and obligatory part of nearly all business and legal transactions. Well-drafted contracts help to enumerate the responsibilities of the involved parties, divide liabilities, protect legal rights, and insure future relationship statuses. These touchstones are even more crucial when applying their roles to the case of a physician employed by a hospital, medical group, or other health care provider. While contract drafting and negotiation can be a long and arduous process, legal representation is a must in order to ensure that your rights are being protected.
The present-day conclusion is simple: A physician should not enter into any contract without having the agreement reviewed by legal counsel.
There is simply too much at risk for a physician to take contract matters into their own hands. In addition to the specific professional implications, contract terms can significantly impact a physician’s family, lifestyle, and future. There are many important contract terms and clauses which can present complex and diverse issues for any physician, including:
- Non-compete clauses
- Damages
- Indemnification
- Verbal guarantees
- Insurance statements
Additionally, often times the most influential terms and clauses in any employment contract are the ones that are not present. With the advent of productivity based employment agreements it is imperative that any physician have an employment agreement reviewed before it is executed. Attorney Robert Chelle has practical experience drafting and reviewing physician contracts for nearly every specialty.
New residents, attending physicians, doctors entering into their first employment contract or established physicians looking for new employment can all benefit from a thorough contract review. By employing an experienced attorney for your representation, you can insure that you will be able to fully understand the extensive and complex wording included in your contract. By having a full and complete understanding of the contract, you will be in a better position to make your own decision on whether or not you want to enter into the agreement which will affect your career life for years to come.
The financial benefits gained from having your contract reviewed and negotiated by an experienced healthcare attorney far outweigh the costs associated with a review. You are a valuable resource, and you should be treated and respected as such. Attorney Robert Chelle will personally dedicate his time to make sure that your are fully protected and will assist you in the contract process so that your interests are fairly represented.
Every physician contract is unique. However, nearly all contracts for health care providers should contain several essential terms. If these essential terms in the contract are not spelled out in contracts, disputes can arise when there is a disagreement between the parties as to the details of the specific term. For instance, if the doctor is expecting to work Monday through Thursday and the employer is expecting the provider to work Monday through Friday, but the specific workdays are absent from the Agreement; who prevails?
Spelling out the details of your job is crucial to avoid contract conflicts during the term of your employment. Below is a checklist of essential terms that contracts should contain (and a brief explanation of each term):
- Practice Services Offered: What are the clinical patient care duties? Are you given time for review of administrative tasks? How many patients are you expected to see (like in pediatrics)?
- Patient Care Schedule: What days and hours per week are you expected to provide patient care? What is the surgery schedule? Are you involved in the planning of your schedule?
- Locations: Which facilities will you be scheduled to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
- Outside Activities: Are you permitted to pursue moonlighting or locum tenens opportunities? Do you need permission from the employer before you accept those practice of medicine related positions?
- Disability Insurance: Is disability insurance provided (short-term and long-term)?
- Medical License: Will the practice offer reimbursement for your license? Will an advisor be provided?
- Practice Call Schedule: How often are you on call (after hours office call, hospital call (if applicable))?
- Electronic Medical Records (EMR): What EMR system is used in the practice of medicine? Will you receive training or time to review the system prior to providing care?
- Base Compensation: What is the annual base salary? What is the pay period frequency? Does the base compensation increase over the term of the Agreement? Is there an annual review or quarterly review of compensation?
- Productivity Compensation: If there is productivity compensation; how is it calculated (wRVU, net collections, patient encounters, etc.)? Is there an annual review?
- Practice Benefits Summary: Are standard benefits offered: health, vision, dental, life, retirement, etc.? Who is the advisor of human resource benefits?
- Paid Time Off: How much time off does the job offer? What is the split between vacation, sick days, CME attendance and holidays? Is there a HR guide?
- Continuing Medical Education (CME): What is the annual allowance for CME expenses and how much time off is offered?
- Dues and Fees: Which business financial expenses are covered (board licensing, DEA registration, privileging, AMA membership, Board review)?
- Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the Agreement is terminated prior to the expiration of the initial term?
- Signing Bonus: Is an employee signing bonus offered? When is it paid? Do you have to pay it back if you leave before the initial term is completed? Are student loans paid back? Is there a forgiveness period for student loans?
- Professional Liability Insurance: What type of liability insurance (malpractice) is offered: claims made, occurrence, self-insurance?
- Tail Insurance: If tail insurance is necessary, who is responsible to pay for it when the Agreement is terminated?
- Term: What is the length of the initial term? Does the Agreement automatically renew after the initial term?
- For Cause Termination: What are the grounds for immediate termination for cause? Is a review provided to dispute the termination?
- Without Cause Termination: How much notice is required for either party to terminate the Agreement without case?
- Practice Post Termination Payment Obligations: Will you receive production bonuses after the Agreement is terminated?
- Non-Compete: How long does the non-compete last and what is the prohibited geographic scope?
- Financial Retirement: Is a financial retirement plan offered?
- Non-Solicitation: How long does it last and does it cover employees, patients, and business associates?
- Notice: How is notice given? Via hand delivery, email, US mail, etc.? Does it have to be provided to the employer’s attorney?
- Practice Assignment: Can the Agreement be assigned by the employer?
- Alternative Dispute Resolution: If there is a conflict regarding the contract, will mediation or arbitration process be utilized? What is the standard attorney review process for conflict? Who decides which attorney oversees the process?
Coming into a new organization with a favorable contract can put the physician in a positive financial situation for years to come. Before you sign the most important contract of your life, turn to Attorney Robert Chelle for assistance.
If you have questions about your current medical malpractice policy or are interested in having your employment agreement reviewed contact Chelle Law today.