Contracting Topics

The following is a list of issues that will be found in most employment agreements. Some of these items link to a blog post, or a page or external document addressing the issue. The grouping is somewhat arbitrary, since some items could fall under multiple categories (e.g., sick leave could be listed as a health benefit or a form of paid time off, and I have listed professional liability insurance apart from other forms of insurance).

  • Compensation – Salary, Bonus, Non-billable Duties (e.g., medical director, administrative, expert witness, speaking, teaching, collaborating or training non-physician providers)
  • Physician Duties – (hours, scope of practice, call, conduct, medical staff membership, managed care participation, billing and compliance requirements)
  • Employer Duties – (staff support, facilities, expenses)
  • Benefits – Insurance (medical, dental, disability, life and vision) and paid time off (sick leave, vacation, educational)
  • Signing Incentives – Signing Bonuses, Moving Expenses, Student Loan Payments
  • Retirement Planning – 401(k) or 403(b), Matching Contributions, Deferred Compensation
  • Other Perquisites – Parking, Cell Phone, Health Club, Meals
  • Liability Insurance – Occurrence or Claims Made, Tail Coverage
  • Practice Restrictions – Scope, Moonlighting, Non-Compete or Restrictive Covenant
  • Partnership Track
  • Term – Length, “For Cause” Termination, Out Clause, Effects of Termination
  • Miscellaneous Legal Issues – Dispute Resolution, Intellectual Property, Indemnification, Assignment, Entire Agreement, Force Majeure, Governing Laws, Legal Fees, Partial Invalidity, Survivorship, Counterparts
Disclaimer: I am not an attorney and I do not provide legal advice. My role is to provide education and coaching to physicians to help them find a great job and avoid costly mistakes as employed physicians. I strongly recommend that every physician entering into an employment agreement, or any contract, engage an experienced local attorney to assist them in their negotiations.