July 2, 2007
7 parts of a good associate contract
I saw another associate employment contract today. Another example of all the things that are wrong with some chiropractors. Instead of being negative, though, let me be positive and talk about the top 7 things that make a good employment contract:
1. It’s in writing. Remember, if it’s not in writing, it doesn’t exist. Sounds obvious, but there should be no questions about the employment situation. Everything should be spelled out completely and clearly. In this instance, there was no mention of how the associate doctor (employee) could terminate the contract, except if the employing doctor breached the contract (broke a promise). I can think of at least 1000 reasons why you might need to get out of an employment situation. In this case the employer wanted $50,000 (I’m not joking; I’ve seen this before) if the employee left. So your grandmother dies and you need to go back home and take care of your grandfather, and you’ll have to pay $50,000 ?!? Crazy. No matter that the employer might say, “We won’t make you pay this,” if it’s not in writing it doesn’t exist.Â
2. The parties are identified. This includes contact addresses. Look at who you are making the contract with, to be sure it’s who you think you’re working for. If this is a corporation, you’re working for the corporation.Â
3. The details are spelled out clearly. Remember, “the devil is in the details,” meaning that if everything isn’t spelled out, you could be SOL when it comes to getting what you need.
4. Payments are specified completely. Who pays what to whom and when? Under what conditions? How are payment amounts verified (I often see this left unspecified)? In other words, if your pay is based on collections, you have a right to an accounting of those collections. Verify that you are being paid appropriately. Keep your own records on patients seen and procedures performed, and double check with the records you’re shown. If you have questions, don’t hesitate to ask.
5. Termination is spelled out. It should be very clearly stated how and when both parties can terminate the contract. You should be able to terminate with a reasonable notice (60 days? 90 days?) and no penalty. The employer should be able to terminate for cause, which is spelled out.
6. Dispute resolution is specified. Some doctors want to use an arbitrator, to save money. Both parties agree to be bound by the arbitrator’s decision. This means you don’t get a jury trial. Think carefully about whether you want to agree to this.
7. Writing in clear language. The language should not be so much “legaleze” that you can’t understand it. Make the employer write in clear language.Â
If you don’t understand something, ask. Take the contract to an attorney for review, if you want. Finally, don’t sign until you’re certain you can live with the terms of the contract. If you have problems with the contract now, what happens if you go to work for this employer and need to get out?  It could be difficult and costly.Â
For more information on associate and independent contractor situations, buy Planning for Practice Success.  Better yet, avoid the whole contract thing and start your own practice.
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