Physician Contract Review Tip: Termination Language and Finding the Sweet Spot

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When you go to negotiate your physician employment contract, finding that sweet spot on various issues can be challenging, and especially when you consider contract termination language found in your agreement. The termination provisions in your contract can end up being the most crucial, and often times are drafted quite unfavorably to the physician employee. For instance, is there a non-compete covenant and will it apply to you even if the contract terminates because of something that was outside  your control? What about a "without-cause" termination provision? Is there one, and is the time period provided the right length for you? Additionally, consider instances where there may be a pay-back provision; requiring that you return some or all of your signing bonus or salary if you terminate the physician employment contract before a certain date?

All of these scenarios are commonly found in physician employment contracts, and they can often be negotiated to be made more favorable to the employee. But is it really a good idea to start off your new employment relationship by trying to adjust the terms of your contract that will allow you to end it more easily? On the other hand, accepting unfavorable termination provisions from the get-go can be detrimental down the road. It's certainly a delicate balance, and a negotiation topic that must be carefully considered and artfully approached.

For more information about physician contract reviews and how a physician agent and attorney can add value in this crucial process, please contact Leigh Ann O'Neill at 317-989-4833 or loneill@lauthoneill.com.

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