termination clause

[indytravl]

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Does anyone know of a standard practice to NOT include a termination clause in an employment contract because it's a two-year contract? When I asked for one, they said it's absence was standard since it's a 2 year agreement?

thanks, [email protected]

 

[militarymd]

No termination clause?

So no matter what you do, they can't fire you?

That seems like a good deal for you.....unless the job has something to hide...meaning a lot of people want to quit...and are not allowed to quit.

 

[indytravl]

I've always appreciated the way you think, militarymd...

But seriously, I don't like the idea of working a couple of years where employer or I have a problem with each other and can't get out it without proving some breach of the contract. The setup seems good but won't know the full situation until start work there. It's in a rural setting so they are looking to keep someone. Seems like there should be a fair out for both sides, don't you think?

thanks, [email protected]

 

[seattledoc]

I'd want at least a bare bones termination clause before I signed. 2 years is a long time. At least have a statement saying either of you can terminate the agreement without cause in the first X months. 3-6months would be enough time to know if the job was a good fit for both of you)

 

[militarymd]

Have a lawyer change the contract before you sign. If they won't allow this, then they probably have something to hide.

 

[Noyac]

I would not be to terribly comfortable with a contract that didn't protect me from termination without cause. I agree with Mil, have an attorney handle it and if they baulk then don't sign.

 

[indytravl]

dunno what the behind-the-scenes story was but seems like you guys were right about there being something... so, here's what happened.

when I asked for the termination clause to be included, employer's tone got cooler

when I mentioned it again after "they thought they had already explained why it is not in a two-year contract", temp dropped further

when I followed up after that conversation since they hadn't contacted me despite wanting me to start SOON, I was told that they were rescinding their offer 😱

 

[militarymd]

Wanna come look in Alabama?

 

[The_Sensei]

dunno what the behind-the-scenes story was but seems like you guys were right about there being something... so, here's what happened.

when I asked for the termination clause to be included, employer's tone got cooler

when I mentioned it again after "they thought they had already explained why it is not in a two-year contract", temp dropped further

when I followed up after that conversation since they hadn't contacted me despite wanting me to start SOON, I was told that they were rescinding their offer 😱

Screw those clowns.........given the current job market, you should be able to find a better job in about 0.000000000000000001 second anyway. Sounds like you don't want to work for them anyway.

 

[zippy2u]

Wow, you all make it so complicated. I had a meeting with my boss and told him I'm "old school". Asked what's the hourly rate, it sounded reasonable, shook the man's hand and started workin', after credentialed. No contracts signed at all-- I told him my handshake and word were golden and, he had the insight to believe me. ----Zip

 

[Noyac]

Wow, you all make it so complicated. I had a meeting with my boss and told him I'm "old school". Asked what's the hourly rate, it sounded reasonable, shook the man's hand and started workin', after credentialed. No contracts signed at all-- I told him my handshake and word were golden and, he had the insight to believe me. ----Zip

WOW Zip. You have a BOSS?

 

[jetproppilot]

Wow, you all make it so complicated. I had a meeting with my boss and told him I'm "old school". Asked what's the hourly rate, it sounded reasonable, shook the man's hand and started workin', after credentialed. No contracts signed at all-- I told him my handshake and word were golden and, he had the insight to believe me. ----Zip

Sorry, friends,

gotta side with Zip on this one (and GOOD TO SEE YA ZIPSTER!)

My first gig was a handshake gig. After a cuppla years together we were growing at such a rate that it made our lawyer nervous that we had no written contract...so we all got together and wrote our contract...

"Guys, whatcha think about a no-competition clause?"

*partners ponder...*

"Nahhh.."

"OK. "

etc etc

Guess I'm old school too. If you hire me, and you like me, and I like you, great! If not, you were here first, so I'll close my eyes, randomly drop my finger on the map of the US, and I'll go work there.

On the other side of the spectrum, in my new gig, if I wanted the job (back in 2004), I had to sign a lengthy, full-of-legal-mumbo-jumbo contract. Didnt like the style, but I wanted the job, so I signed it. Turns out I lucked out since everything worked out, but if I wanna leave, theres a 5 month termination clause, which I think is entirely too long. On the other hand, if they wanna get rid of me, they have to give me 5 months notice as well.

Not saying one is better than the other, since there are advantages and disadvantages to both. Just saying I prefer the former, handshake-kinda contract.

 

[Noyac]

Sorry, friends,

gotta side with Zip on this one (and GOOD TO SEE YA ZIPSTER!)

My first gig was a handshake gig. After a cuppla years together we were growing at such a rate that it made our lawyer nervous that we had no written contract...so we all got together and wrote our contract...

"Guys, whatcha think about a no-competition clause?"

*partners ponder...*

"Nahhh.."

"OK. "

etc etc

Guess I'm old school too. If you hire me, and you like me, and I like you, great! If not, you were here first, so I'll close my eyes, randomly drop my finger on the map of the US, and I'll go work there.

On the other side of the spectrum, in my new gig, if I wanted the job (back in 2004), I had to sign a lengthy, full-of-legal-mumbo-jumbo contract. Didnt like the style, but I wanted the job, so I signed it. Turns out I lucked out since everything worked out, but if I wanna leave, theres a 5 month termination clause, which I think is entirely too long. On the other hand, if they wanna get rid of me, they have to give me 5 months notice as well.

Not saying one is better than the other, since there are advantages and disadvantages to both. Just saying I prefer the former, handshake-kinda contract.

Agreed. Handshake would be nice but you can't trust anyone these days (especially in anesthesia) were $$ is involved.
No-compete clauses suck, however. So your group stiffs some clients (surgeons) and you can't pick up their tap? Give me a break. Another group in town makes you an offer that your present group will never match and you can't jump ship? Yeah Right. These clauses don't stand up in court, but who wants to go to court? I want to practice anesthesia. It will cost both you and your former group about $20k to fight it and the lawyers love it.

 

[zippy2u]

Yeah Noyac it's true..., Zip has a boss. I consider the Boss as the Dude that pays me coin whoever that may be. Regards, ---Zip