March 6, 2014
It's that time of the year again! Time for residents and fellows to receive offers and proposed contracts! For each party involved, the employer and the employee, there are different considerations to apply from opposing perspectives, and many issues both parties can meet in the middle on. Considerations as counsel for either the employer or the employee certainly vary.
For the employer, priority considerations are protecting proprietary information as well as the value and integrity of the practice. Provisions that are essential to such priorities include a confidentiality provision, non-solicitation provision, restrictive covenant, non-disparagement, as well as including requesting indemnification from the employee from protection against documentation and other areas of exposure.
For the employee, priority considerations are transparency in compensation, protection of autonomy, control over scheduling, potential for growth, ability to terminate, firm start date, definitive working location. In addition, employees should attempt to obtain knowledge of the potential employer's environment - make sure to visit the office a few times on interviews, ask questions about whether a position is being created for you or whether you are replacing someone.
Regardless of the role, employer or employee, be sure to position yourself with an advantage by working with competent healthcare counsel able to advocate on your behalf and assist in your understanding and digestion of key contract provisions.
Questions about contracting? Contact Jennifer.