EXAMPLE CONTRACTS COMMENTS
If any one of you young dr.'s see a contract like that, if it is long, wordy, and you think the nice, friendly Dr. you are going to sign with won't hold you to every damn word, think again. I had a contract put before me that demanded a life insurance policy on MY life naming the Dr. as the beneficiary!! And he was 65!
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The contract probably violates the IRS description of an independent contracter. It sets hours, describes specific job requirements, sets vacation time, provides a salary, etc. Its legal, but the employer could be required to pay 1/2 of social security taxes. Of course it shouldn't be an issue, because no one should sign it!
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In many if not all states, the Bar association prohibits noncompetes in employment contracts for lawyers. It is considered an unethical practice.
Isn't it amazing that we cannot do the same thing in medicine?
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unfortunately this is quite a familiar contract but since this guy has "humans'
all over the place, sugeest you either negotiate higher money or set a limit to the number of patients you will see in each nursing home. You still need to let a lawyer
go through the contract. Yes, they do charge.
Good luck.
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That is milddly put. They kill the other for their own survival. They get nervous when a new doctor comes to town and they rejoice when
a doctor leaves town, The thought that the community may loose a certain service certainly does not appear to be a concern to them.
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there is in medicine. Look in the State Medical Board Law. IN ALABAMA non-compete law are illegal and not enforceble.
I advise you guys-look at the State law. Your employer could not care less.They will put it in even if it is against that law.
so check it out!!
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This is true.
About half a dozen states have statutes on the books, voiding noncompetes in medical employment contracts. However, that leaves 40-some states where noncompetes are legal to varying degrees.
In some states, noncompetes are legal to incredible distances and times. Other states, a judge will have to judge what's fair. You can pay tens of thousands to find out that judge's opinion.
Also, it is true that less-than-ethical employers, in states where noncompetes are clearly illegal, tested in court and all that. Such employers may put noncompetes in contracts anyway, hoping the new employee will not know that, or will not go to the trouble to contest the illegal contract clause.
After all, there is (usually) no penalty for putting such a clause in the contract. Morally and ethically, they are of a kind with HMO, insurance, and hospital administrators. Insurance plans, for example, will often deny a claim for no reason, just to delay payment, and knowing that every so often, a doc will fail to notice the rejection.
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Remember, there is no such thing as a "standard" contract.
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TERMINATION CLAUSE GIVING THE EMPLOYER RIGHT TO EXCERCISE THEIR RIGHT TO DO SO SHOULD REQUIRE A STIFF FINANCIAL PENALTY PAYABLE IN CASH TO THE PHYSICIAN. IF FOR ANY REASON THE EMPLOYERS TERMINATE BEFORE THE STATED PERIOD THEY SHOULD PAY. ONLY $ CAN MAKE THEM RETHINK THEIR ADVERSE ACTIONS.
ALL PRIVILIGE GRANTING HOSPITALS MUST BE REQUIRED BY CONTRACT TO AGREE TO DUE PROCESS PROVISIONS INCASE OF ANY CREDENTIALLING REVIEW OR INCASE OF ANY "COMPLAINTS".
THE PRESENT hEALTHCARE QUALITY IMPROVEMENT ACT 1986 ENABLES HOSPITAL BOARDS TO UNILATERALLY PULL ANY PRIVILEGES. sHAM DUE PROCESS BY THE 'GOOD OLE BOY" JUNTAS HAVE DESTROYED MANY LIVES ABUSING THIS LAW. JCAHO HAS QUIETLY WINKED AND NODDED TO SUCH ABUSIVE PRACTICES.
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I would add "Subject to approval of other partners" at the end of contract. This way, in case things goes wrong, you can back out anytime and just say "My partner does not like the contract".
Your partner can be your wife.
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Why haven't you sought legal representation for review prior to signing? Understandably, it is not cheap but neither are the legal battles you may be accepting by signing such a contract.
I'm currently going contract negotiations and wouldn't consider signing without review by an appropriate legal professional. Do yourself a favor--stick to medicine and let the lawyers do what they do best.
Best of luck!