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One of the questions I often hear from physician clients as they are navigating the negotiation process is, "should I really ask for any changes to my contract? Couldn't that backfire?" The answer, of course, depends on who you are dealing with, and the report you share with your potential employer. Most often we find that in candid and pleasant contract negotiations, where the physician is being reasonable in his or her requests, the response to those requests is very positive. Most sophisticated employers understand that when a physician hires an attorney to review their employment agreement, they are doing so in order to protect their best interests, which is exactly what the employer did when they drafted the employment agreement. The same employer typically understands the physician's point of view, and appreciates the ways in which physicians try to protect themselves.
As an attorney for physicians who are negotiating their employment agreement, I see this scenario play out all the time. I routinely make various recommendations to my clients as to how their employment offer(s) can be strengthened in their favor, and my clients often wonder what the consequences might be of asking for some or all of the suggested changes. I always advise clients that when you go back to an employer with requests for changes, you are technically making a counter offer, which the employer is free to reject; however, with the right tone and candor, such requests can be successfully requested without jeopardizing the employment offer. And in most cases, the employer is anxious to work together with the physician to find a reasonable contract term with which both parties are happy. So in answer to this post's question: No, it typically does not hurt to ask for certain changes to be made to your physician employment agreement. When done properly, pleasantly, and with reasonable expectations, physician contract negotiations can often result in a contract that is more favorable to the physician than what was originally offered.
For more information on physician employment contract negotiations, please contact Leigh Ann O'Neill at loneill@lauthoneill.com or 317-989-4833.
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