Contract for new attending job

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pinipig523

I like my job!
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So, I just received my contract for my upcoming attending job.

Do I send this to any lawyer or do I send it to a lawyer who is familiar with the state the job is in?

Or do I send this to a lawyer who is familiar with medical careers?

Thanks fellas.

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Your PD or Chair can help you with this. There are labor lawyers who specialize in physician contracts. I would most def have a lawyer look at it for you. The risks are high if you dont understand what you are signing. That being said if you have a simple contract you dont need a lawyer.
 
Also, if you intend to take this job regardless of what a lawyer says and if the terms are non-negotiable, then there is no point in consulting a lawyer.
 
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Also, if you intend to take this job regardless of what a lawyer says and if the terms are non-negotiable, then there is no point in consulting a lawyer.

I am not sure if I agree with this.. if the contract is simple and in layman terms, then possibly. I saw some contracts from friends that none of us could really understand what is being said. Even if non-negotiable, it may be worthwhile to have a lawyer tell you 'exactly what is being laid out' so that you have no surprises later...


I personally did not have a lawyer look at mine, but I joined a place were I knew many of the physicians already, had a close friend that joined the year prior, and was given a contract that my grandmother could have understood.... I did review it with my chairman and another senior attending who had some years in the private world.
 
Your PD or Chair can help you with this. There are labor lawyers who specialize in physician contracts. I would most def have a lawyer look at it for you. The risks are high if you dont understand what you are signing. That being said if you have a simple contract you dont need a lawyer.

So you're saying that it has to be a labor lawyer and not just a regular lawyer?
 
PP -

You're better off having an attorney that specializes in labor law take a look at it; much like you're better off seeing a cardiologist rather than a general internist if you're having a STEMI. d=)

The generalist will be able to do an OK job, probably; but the labor specialist will know the loopholes and whatnot that can trip you up.

Cheers!
-t
 
Your PD or Chair can help you with this. There are labor lawyers who specialize in physician contracts. I would most def have a lawyer look at it for you. The risks are high if you don't understand what you are signing.

This is true, especially the bolded.

That being said if you have a simple contract you don't need a lawyer.

This, however, goes against everything else you wrote. The borderline between "simple" and not easily can become a grey area, that can happen from even one word.
 
I am not sure if I agree with this.. if the contract is simple and in layman terms, then possibly. I saw some contracts from friends that none of us could really understand what is being said. Even if non-negotiable, it may be worthwhile to have a lawyer tell you 'exactly what is being laid out' so that you have no surprises later...


I personally did not have a lawyer look at mine, but I joined a place were I knew many of the physicians already, had a close friend that joined the year prior, and was given a contract that my grandmother could have understood.... I did review it with my chairman and another senior attending who had some years in the private world.

It's the same logic I use for ordering tests - if it's not going to change my management, I don't order it. w/r/t contracts - Say you want to work in academics and live in San Fran, and those are your top priorities. If you get offered a job at UCSF, and the terms are non-negotiable, then why pay a lawyer to read a contract you know you're going to sign anyway? All you'd get by doing that is a bill.

Here I'm assuming that something like a non-compete clause or lack of tail coverage is not going to change your mind. If such factors are going to make a difference to you, then you absolutely should get someone knowledgable to read it.

That's how I see it anyway. I certainly understand the other side of the issue, and I wouldn't fault someone for wanting some reassurance.
 
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Thanks fellas.. u guys are the best.

Another question - how long can you hold onto the contract before returning it signed?
 
Thanks fellas.. u guys are the best.

Another question - how long can you hold onto the contract before returning it signed?

Whoever gave you the contract should tell you. At minimum, of course, is the day before the contract commences. At the same time, if other people have also been offered contracts, the first people to get them in are the ones that get it (as I was the fifth person with four spots once, and, when the music stopped, I didn't have a chair).
 
Whoever gave you the contract should tell you. At minimum, of course, is the day before the contract commences. At the same time, if other people have also been offered contracts, the first people to get them in are the ones that get it (as I was the fifth person with four spots once, and, when the music stopped, I didn't have a chair).

Ouch... fifth out of four. Yikes.
 
Ouch... fifth out of four. Yikes.

My suggestions as a director are this (for whatever they are worth):

1) A contract isn't going to tell you anything about your job except for your pay, your benefits, and (not in all cases) your minimum hours. Even these can be vague. No contract serves as a guarantee of anything - including your pay.

2) A contract will tell you EVERYTHING about your job when you leave, or things don't work out. Your term of employment is only as long as the shortest reason to terminate you in your contract. This can be immediate in some states.

3) If it isn't written specifically in your contract, it doesn't exist, and you should never expect it.

4) When you are given a contract and you accept a job, it will be expected that you are going to work. It will also be expected that it will take you some time to be credentialed (which includes getting your license, malpractice, etc). Assume 2 months for this process. Have your credentialing materials ready as soon as possible.

5) If you are collecting contracts to decide on a single job, be open with the group you are applying to work with and tell them. Do this at your own risk and don't expect them to wait for you. If you are comparing contracts to choose your job, I don't think you will ever be successful in doing so. Go with your gut.

6) As soon as you decide you don't want to work somewhere and you don't want to sign a contract, call that director immediately and have an honest discussion to tell them. Groups don't take it personally, but if you string them along, you might blackball yourself from a region, or even an entire contract group.

Be open and honest, and consider that sometimes, groups turn down other interviews, change their staffing, and make many financial decisions based upon your agreement to work. They do these things because they want you to join them, and they are taking you on your word. It is courteous for them to know when things are no longer in place, and it will actually keep a door open if you do this right.

Good Luck.
 
i just had our chairman look at mine... was written in plain language, like others have said, the main parts you should understand. mine was all about malpractice, non-compete, that i had to maintain licenses/privileges, how/why i could be terminated, and under what circumstances i could leave.

like others said - unless there was a huge red flag, it wasn't going to change what i did.
 
i just had our chairman look at mine... was written in plain language, like others have said, the main parts you should understand. mine was all about malpractice, non-compete, that i had to maintain licenses/privileges, how/why i could be terminated, and under what circumstances i could leave.

like others said - unless there was a huge red flag, it wasn't going to change what i did.

You're probably right, I'll have him look at mine - good point.
 
A few points... Even if it is non negotiable there are things in there you want to know about... Also, even if it is the job you dream it to be the FACTs are 50% of EM docs switch jobs in their first 2 years. I doubt they are all planned.

Big issues you want covered in there and you want to know the rules.

1) Tail coverage (who pays for it)
2) Med Mal (who pays for it)
3) Minimum hours
4) If you work at a place that has a hard time finding coverage what happens? Can they force you to work?

There are other issues as well you want to take a look at.

The previously mentioned simple contract is one written in plain english and not legalese. I took a job with no contract. Once I started I recieved a "policy manual" that is incredibly detailed about the rules. I would have never in 100 years taken this job without knowing a slew of people in my group. It has turned up roses for me but this is a definite risky move.
 
I would have never in 100 years taken this job without knowing a slew of people in my group.

For any contract which creates an on-going situation, the most important thing is that you will be able to have a good relationship with the other people in the contract. That way, if things change, or even go wrong, you should be able to agree between yourselves to change the contract in ways which suit the new situation (any provision of any contract can always be changed by agreement between the parties). If you don't like or trust someone, don't agree an on-going contract with them.

Provided you think that you can have a good relationship with the people you are contracting with, you can then think about all the good points made above about what you need to have in the contract to protect your position, and what advice you need in order to ensure that you understand the contract.

If there are things in a proposed contract that you don't like, work out which are the most important to get changed. Then work out what would be ideal, and secondly what you could live with, and negotiate.
 
Im a partner now.. Still no signed contract. Just the way we do things in my group.
 
It's the same logic I use for ordering tests - if it's not going to change my management, I don't order it. w/r/t contracts - Say you want to work in academics and live in San Fran, and those are your top priorities. If you get offered a job at UCSF, and the terms are non-negotiable, then why pay a lawyer to read a contract you know you're going to sign anyway? All you'd get by doing that is a bill.

I agree with this. I had my department chair in residency read mine. He warned me against signing a no compete clause. I ignored his advice. It didn't affect me.

The contract is written to protect the company from you. If they think that they need protection in the form of a non-compete, they are probably right. It isn't rocket science. If a paragraph doesn't make sense, ask about it.
 
Not always true. My contract had a non-compete that I was able to negotiate away. It turned out they wanted one that protected the contract (hospital-group contract that is), and I didn't want my contract to keep me from working in that town if I quit or was fired. I agreed to sign one that kept me from stealing the contract and we were both happy.
 
Great comment above and the way that things should be done, person to person, each expressing their desires and coming to a mutually beneficial agreement. I've read several contracts so far. Each was understandable and I never felt like I needed a lawyer to decipher it. I think giving lawyers to money should be avoided if possible.

If you come to a paragraph you don't understand, why not specifically ask the director of the group what it means and why it is there?
 
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