Termination of Employment Contract prior to starting

[joe1234]

Hi All,

Need some advice.

Found a group I would like to join in an area far from home. Completely happy with the job description and the group. It is with a management company. Signed the contract 12 months prior to my fellowship graduation date. Life threw my wife and I a curveball and it would be better to move back home.

The contract reads:
"This physician employment AGREEMENT is entered into July 6th, 2106 and is EFFECTIVE once physician has obtained privileges at the respective facilities".

I haven't done anything in terms of applying for hospital privileges.

Termination section of the the contract has 90 day notice without cause termination for either party.

Nothing discusses what happens prior to the effective date.

Can I utilize the 90 day without cause termination? Or does that only apply after the effective date?

I will get a lawyer, but just wanted to hear what others have experienced. Basically what happens if life changes and your wife doesn't want you to take the job you signed up for?

Can I be sued for breach of contract and damages if they claim that I didn't enter into the contract with good faith?

Anybody willing to share their experience, advice, or insight from being on the employee or employer side of this?

THanks!

ps hope others will learn from this mistake. should have hired a lawyer from the get go

---

Members don't see this ad.

 

[aneftp]

Seems pretty clearcut to me. You can't work if you don't have privileges. It also gives the AMC an "out" as well. I know a new grad who had Sheridan CANCEL his employment contract literally days before he was supposed to start August 2016. Reason: He didn't get his Florida medical license till end of June. And some HCA/Sheridan facilities are notorious for credentialing 3-4 month process. So literally right after he took his written boards end of July, Sheridan canceled his contract since they couldn't credential him in time. They offered to send him to another facility but it was much further than where he had rented a 12 month lease.

 

[BLADEMDA]

Hi All,

Need some advice.

Found a group I would like to join in an area far from home. Completely happy with the job description and the group. It is with a management company. Signed the contract 12 months prior to my fellowship graduation date. Life threw my wife and I a curveball and it would be better to move back home.

The contract reads:
"This physician employment AGREEMENT is entered into July 6th, 2106 and is EFFECTIVE once physician has obtained privileges at the respective facilities".

I haven't done anything in terms of applying for hospital privileges.

Termination section of the the contract has 90 day notice without cause termination for either party.

Nothing discusses what happens prior to the effective date.

Can I utilize the 90 day without cause termination? Or does that only apply after the effective date?

I will get a lawyer, but just wanted to hear what others have experienced. Basically what happens if life changes and your wife doesn't want you to take the job you signed up for?

Can I be sued for breach of contract and damages if they claim that I didn't enter into the contract with good faith?

Anybody willing to share their experience, advice, or insight from being on the employee or employer side of this?

THanks!

ps hope others will learn from this mistake. should have hired a lawyer from the get go

They won't sue you so relax. But, it's best to give them formal notice NOW since technically you didn't make a good faith effort to either notify them 90 days before the start date or apply for privileges. Again, they won't waste any legal money or time on you but give them notice asap.

The "mistake" you made was in simply not notifying them in May you had no plans on working for them. They would have cancelled your contract and moved on.

 

[deleted162650]

I think you'll be ok if you let them know now. I mean, that's like 90 years notice.

 

[WholeLottaGame7]

They won't sue you so relax. But, it's best to give them formal notice NOW since technically you didn't make a good faith effort to either notify them 90 days before the start date or apply for privileges. Again, they won't waste any legal money or time on you but give them notice asap.

The "mistake" you made was in simply not notifying them in May you had no plans on working for them. They would have cancelled your contract and moved on.

Unless I'm reading this wrong, he/she's still 9 months out from starting.

 

[Planktonmd]

Why not just give them a call and explain the situation?
No one wants to hire someone who is not happy to be there.

 

[GravelRider]

The management company would have no problem doing this to you...

 

[joe1234]

But, it's best to give them formal notice NOW since technically you didn't make a good faith effort to either notify them 90 days before the start date or apply for privileges. .

I'm not sure I follow. I am giving well over 90 day notice. I can't work there until 10 months from now.

 

[joe1234]

The "mistake" you made was in simply not notifying them in May you had no plans on working for them. .

I disagree. I had every intention of working for them in May. I would still like to work there over any other place I originally talked to. However my family situation is now different and family trumps the job.

 

[tartesos]

Hi All,

Need some advice.

Found a group I would like to join in an area far from home. Completely happy with the job description and the group. It is with a management company. Signed the contract 12 months prior to my fellowship graduation date. Life threw my wife and I a curveball and it would be better to move back home.

The contract reads:
"This physician employment AGREEMENT is entered into July 6th, 2106 and is EFFECTIVE once physician has obtained privileges at the respective facilities".

I haven't done anything in terms of applying for hospital privileges.

Termination section of the the contract has 90 day notice without cause termination for either party.

Nothing discusses what happens prior to the effective date.

Can I utilize the 90 day without cause termination? Or does that only apply after the effective date?

I will get a lawyer, but just wanted to hear what others have experienced. Basically what happens if life changes and your wife doesn't want you to take the job you signed up for?

Can I be sued for breach of contract and damages if they claim that I didn't enter into the contract with good faith?

Anybody willing to share their experience, advice, or insight from being on the employee or employer side of this?

THanks!

ps hope others will learn from this mistake. should have hired a lawyer from the get go

You will be fine. I broke out of a contract last December and signed with my current job in January.
All you need to do is give back what they gave you if any( in my case it was 30k) and when that's done, you are through. There's plenty of time.
They will not force you to go and they won't sue you, but you may not get a job there again( nor should you care).


Sent from my iPhone using SDN mobile app

 

[Notorious T.E.E.]

As people have said, call now, then send a letter. No group (even a management company) wants someone that doesn't want to be there. I'm not savvy enough with law to know how the 90 day notification will work in this case (I would read it as you are giving them 90 days notice so there should be no contractual issues but since the contract isn't effective yet who knows) but even if they had a case suing you to make you give them 90 days of bad attitude/disruptive behavior doesn't benefit anyone. You will owe back your bonus plus some interest, pay any damages that are stipulated in the contract (sounds like none), burn a bridge with them short term, and be on with it. The only hitch may be if you came through a recruiter, but since you never started they shouldn't owe a recruiter anything either.

It is a tough phone call, especially when you are new at this, but it's business, not personal. You'll be fine.

 

[IlDestriero]

Seems pretty clearcut to me. You can't work if you don't have privileges. It also gives the AMC an "out" as well. I know a new grad who had Sheridan CANCEL his employment contract literally days before he was supposed to start August 2016. Reason: He didn't get his Florida medical license till end of June. And some HCA/Sheridan facilities are notorious for credentialing 3-4 month process. So literally right after he took his written boards end of July, Sheridan canceled his contract since they couldn't credential him in time. They offered to send him to another facility but it was much further than where he had rented a 12 month lease.

I don't buy that AMC answer. You can get someone emergency credentialed in an hour. The credentialing board at the last 3 places I worked meets monthly. Someone can check your references and confirm licensure, etc in a few days. I think they wanted to push him/her off to a different facility 2/2 a change in expected staffing needs. If they really wanted them, they could have even said go to this other place for 2 months while we sort all this out and then come back to the original hospital you signed up for.


--
Il Destriero

 

[aneftp]

I don't buy that AMC answer. You can get someone emergency credentialed in an hour. The credentialing board at the last 3 places I worked meets monthly. Someone can check your references and confirm licensure, etc in a few days. I think they wanted to push him/her off to a different facility 2/2 a change in expected staffing needs. If they really wanted them, they could have even said go to this other place for 2 months while we sort all this out and then come back to the original hospital you signed up for.


--
Il Destriero

Well obviously no one buys that AMC answer. But that's the one they work sometimes. You are right. Emergency credendialing can be done much faster.

My old hospital in Florida normally took 3 plus months for credendialing (and I have super clean record and very organize with all my stuff). Medical staff office just lazy sometimes.

When a AMC took over and I left recently. Somehow they managed to get locums credendialed within 30 days.