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All You Need to Know About Medical Employee Contract Laws

Posted by on Mar 25, 2019 in Law | 0 comments

A doctor’s job is an integral one to the stability and sustainability of a society. It’s impossible to establish a functional community without having someone to care for the sick and wounded. For this reason, every community needs medical staff.

Despite how noble and necessary doctors are to the fabric of society, we can’t deny that there are many risks that a doctor has to take on. From contracting diseases and exposure to harmful chemicals to lawsuits from unsatisfied patients, there are plenty of risk factors that every doctor has to deal with.

If you work in the medical field, there’s always a possibility of a treatment not working out the way that you planned. When this happens, you need to make sure that you have all the legal safety measures in place to protect your career from going under.

Of all the legally binding contracts you will have to sign as a doctor, the employment contract will be an agreement that dictates the course of your career. For this reason, you will need to seek legal advice before you sign an employment contract.

Employment Contracts for Doctors

You should involve your lawyer in every stage of the employment process, from the initial negotiation to contract review and finalization. During the initial negotiation, your lawyer can help to represent your best interests when it comes to your professional contract. Whether you’re negotiating your salary, payroll plan, or work hours and responsibilities, your lawyer can help to ensure that you get the most out of your career. After the negotiation is done, the employer will have to draft the contract and present it to you.

Your lawyer can review if the terms and clauses of the contract are aligned with what was initially agreed upon in the negotiation. Having a well-established and negotiated contract will ensure that you can have the most beneficial contract that will be the best fit for you and your work style.

If one party violates the contract agreement, a lawsuit may follow. In this case, your lawyer may represent your best interest in the court of law. It’s never a good idea to go into a lawsuit on your own or without the help of a professional lawyer, as that will put you at a major risk of being liable for massive fines. When you have a professional lawyer on your side, you can be sure that your rights are completely protected.

How to Choose a Medical Contract Attorney

When it comes to choosing an attorney, it’s always better to go with one that has had years of experience working in the medical field. These are the professionals who have a comprehensive knowledge of contract laws. There is a lot more to drafting contracts than many people think. You have to make it as conclusive as possible to avoid the other party using vague wording as a loophole to get out of being responsible for their end of the bargain. Therefore, the lawyer who reviews your contract needs to understand the ins and outs of what they need to be aware of so that you can receive a fair agreement.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ. Get in touch with us today to see how we can help.

How A Lawyer Might Carry Out Your Wrongful Termination Case

Posted by on Feb 28, 2019 in Wrongful Termination | 0 comments

Getting fired from your job can be quite a stressful situation. Perhaps your boss gave you a seemingly nonsensical reason as to why they fired you, even when you feel that you’ve been working hard and following all orders given. If your boss has wrongfully terminated you or had no real reason to let you go, you might want to consult with an attorney.  You have rights as an employee in the workplace, and it’s important that you know those rights.

An employer has the right to fire an employee, as long as there is a legitimate reason. There have been cases where employers have been dishonest about the grounds for the termination, but employees were not ultimately fired because they were able to prove discrimination or another reason why their termination was wrongful. Lawyers will assess whether or not your termination was a wrongful offense or not. Here are some ways that they will figure that out:

By assessing your employment contract

  • If there is a limitation on your employer’s right to terminate, they must comply with the contract’s requirements. For example, your employment contract may state that your employer can only terminate you for gross misconduct. This means that they will not be able to fire you for poor performance. Most employers will provide a contract that is for at-will employment, but if your contract states limits for termination, their firing you may be a violation of the contract.

By reading through policies

  • An employer will usually give employees some sort of handbook of policies that will act as a contract between employers and employees. There may be policies pertaining to discipline or other policies that could be applied to the reason for your termination.

By asking for other employees’ opinions

  • Other employees will be the best witnesses of your termination case. After all, you saw them daily, and they would have known whether or not you were deserving of the termination. If there was a true, fair reason for your termination, your fellow employees would be aware of these reasons. Your lawyer may also want to know whether the employer was treating you differently or equally to your fellow employees.

Perhaps other employees were let go as well, and your lawyer will investigate the reasons for which they were terminated to determine whether or not there are similarities to your case. If your employer treated you differently based on any legally protected status such as your race, disability, gender, ethnicity, age, sexual orientation, and so on, this could lead to your lawyer conducting a discrimination claim. Any false or illegal reason for firing someone will make the termination a pretext, meaning the employer is using the “reason” as a cover-up for their true reason.

By uncovering more evidence

  • The lawyer may try to seek out any additional evidence or witnesses that may be used in your case. Any witnesses with valuable information about the termination or events leading up to it will be contacted and asked to come forward. The lawyer will try to get their hands on every piece of evidence and relevant documentation they can find. This means looking through all contracts and policies thoroughly.

By evaluating you as a witness

From the second you meet your lawyer, they will be assessing you as a potential witness. You want to make sure you are presentable, concise, organized, and clear about your concerns regarding the termination. Keeping a business-like demeanor is crucial in impressing your lawyer and being seen as a credible witness to the jury.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ.

Get in touch with us today to see how we can help.

 

What Determines the Cost for Your Wrongful Termination Case

Posted by on Feb 26, 2019 in Wrongful Termination | 0 comments

If you think that you have been wrongfully terminated from your previous job, you will need to hire an employment lawyer to help you with your case. In this article, we’ll help you to understand the lawyer fees for your wrongful termination case so that you can have a better grasp on how you should plan your budget. With that said, let’s get into it.

How Lawyers Charge

  • There are several different types of payment options for a lawyer’s service, depending on the type of job and services that you’re looking for. For example, if you’re looking for a consultation, you can expect to pay an hourly fee. On the other hand, if you’re looking for a representative in court, you may have to pay on a case-by-case basis.

Listed below are a few different types of legal fees that you will need to know so that you have an idea of what to expect when you hire a lawyer for a wrongful termination case:

 Hourly Fees

  • As mentioned, services such as legal consultation and auditing are usually charged by the hour. The rates will differ based on the nature of the case, the location of the legal office, and the lawyer’s reputation. For instance, a consultation with a famous lawyer regarding a complex case in New York is certainly going to cost you a lot more than a simple case with a local lawyer in Indiana.

 Unbundled Services

  • Instead of paying an inclusive fee for all of the services offered, you may prefer to look for a lawyer who can offer separate services to you and allow you to pay for them individually. For example, if you only need help dealing with the administrative work and document filings, you can look for an administrative agency to help you with the tasks. It’s a good way to save money, as you will get only the amount of work that you need and not more. This can help you to control your budget more effectively in certain situations.

You need to make sure that the isolated services that you’re looking for are the only things you need. You wouldn’t want to risk having to pay more than you would due to the delays to the court process. It’s still important that you consult with a legal advisor before you choose to go this route.

 

Contingent Payment Plan

  • Most law firms nowadays offer a contingency payment plan for their case representative work, meaning that if you don’t win the case, you don’t have to pay anything. This is a good way to ensure that the firm will work hard on your case, as they only get paid when you do.

You will still have to pay the firm once the case is won, depending on the nature of the case. The court may conclude that the employer should pay your legal fees as compensation along with additional fees that they will have to pay. You have to remember that this is not the case every time, so you shouldn’t rely solely on the compensation to cover the costs of your lawyers.

Retainer Fees

The retainer fee is the payment given to the lawyer before they work your case, and it’s usually calculated based on the expected work in the week or month to come. This may or may not be refundable depending on the services and the payment policy of the law firm, so you will need to make sure that you understand what you’re paying for so that you don’t risk overpaying your lawyer for services that you don’t need. Although most reputable law firms won’t try to cheat their clients, it’s still a possibility that you have to consider. The retainer is also used as a future fund and the lawyer may withdraw money from the retainer fund if needed. It really depends on how the firm plans out their financial strategy.

 

Negotiate for a Refund or Discount

You may be able to negotiate for a lower fee or a refund depending on the nature of the case, but this is not something that you can always expect. For example, it’s possible to negotiate for a refund or lower fee if the actual workload of the case is much less than what was expected. However, it’s not likely that you will get this discount, as an experienced lawyer will understand the complications of the case by reading the case review. They will already have a decent idea of how the case is going to be before they even begin.

 

Legal Actions

  • There are several different legal actions you can take, and these actions will cost you a different amount depending on the difficulty. For example, if you’re planning to file a lawsuit against your former employer, it’s going to cost you more than if you were to negotiate through litigation. This is an important factor that you can’t overlook when determining how much the case is going to cost you.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ.

Get in touch with us today to see how we can help.

 

 

 

5 Employee Termination Mistakes Physicians Should Avoid

Posted by on Feb 14, 2019 in Wrongful Termination | 0 comments

There is a lot of responsibility that you have to take on when you own a medical practice. From treating serious illnesses to ensuring the practice is up to government standards, managing physicians are required to take on these demanding roles, and sometimes, they will have to terminate an employee. However, there are some important things to consider when letting an employee go. IT’s important that managing physicians follow the correct procedures in order to avoid mistakes and prevent a lawsuit. Here are some of those mistakes:

1 – Not Having An Employer’s Liability Insurance

When you have to terminate an employee, there’s always a chance that things end badly and that the employee feels discriminated or unfairly terminated. If they decide to sue the practice, you will have a big legal case on your hands, and the legal fees are sure to be expensive. An employer’s liability insurance protects you from this scenario and will cover the legal fees or fines associated with the case. This is easily preventable by buying an employer’s liability insurance and choosing the insurance provider with the best coverage of a variety of different legal situations.

2 – Not Recording The Employee’s Misconducts And Deficiencies

When you are terminating an employee’s employment, there needs to be a valid reason for doing it; otherwise, there will be repercussions of an unfair dismissal case. You cannot just say that an employee was terminated for poor work performance. There needs to be proof of this. Therefore, documenting the employee’s work history will be important, and you should start as soon as the company hired them. When an employee has received complaints from customers, failed to produce quality work, or has not fulfilled their duties, you need to record this in a document and issue that employee with a written warning. Ensure that you have the date recorded and proof that the employee received these warnings. Should a lawsuit arise from their termination, you will have proof that it was justifiable and the case will likely be dismissed.

3 – Not Properly Following A Progressive Discipline Ladder

Written in many employee handbooks are details of how employees will be disciplined if they fail to conduct themselves properly at work. This could be a verbal warning, followed by a written warning, then temporary suspension, and finally termination. If the reason for firing an employee was for misconduct, you need to follow this progressive discipline path properly. A minor first-time offense would not be a justifiable reason for terminating an employee. Despite no actual laws requiring physicians to follow this discipline chain, it will deter lawsuits if you properly follow your business’s procedure.

4 – Not Following the Employee Handbook Procedure

Employers often provide their employees with a handbook that details guidelines such as company policies, procedures, and rules. These can range from uniform and holidays to terms of employment. As an employer, it’s crucial to fully understand your company’s handbook and adhere to its stated rules. Not honoring the policies stated in the handbook, e.g. giving a day off on public holidays, can give a terminated employee a valid reason to file a lawsuit against you. When drafting the handbook, avoid using language which binds you to specific obligations and duties.

5 – Not Seeking Your Legal Advisor

Almost all physician owners have a lawyer who deals with all legal aspects of the business practice. When you are planning to fire an employee, consult your legal counsel first to see if the reason for termination is justifiable. Having everything checked by a legal expert can save you a lot of money and stress later on if the employee decides to sue you.

In conclusion, if you avoid all of these mistakes, it will reduce the likelihood of a lawsuit against you or your business when you terminate an employee. This will save you a lot of money from legal fees and ensure that your business is protected.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ. Get in touch with us today to see how we can help.

 

 

 

 

 

 

 

 

 

 

How To Successful Leave Your Medical Practice

Posted by on Jan 31, 2019 in Physician Contract Tips | 0 comments

Leaving a job is always hard. Whether you are leaving voluntarily or not, you have a lot of decisions to make. You will be losing a relationship with an employer, will need to reconsider your financial situation, and will have to consider the legal consequences. You can address these issues with your employer. If you are being terminated and must leave your medical practice, make sure to discuss your reasons and concerns as soon as possible in order to ensure you are not being wrongfully discharged.

Your Agreement

  • When you were hired, an employment agreement was executed by your employer. You should review the terms before making a decision in order to avoid breaking any of the agreements you might have signed off on without reading. The agreement should have a section stating the grounds for termination, with and without a cause. It should also explain your rights and obligations following this termination.

It will vary depending on the situation, and each one should be explained thoroughly. Look for the clauses that apply to you and if you were terminated, ask your employer to point out the clause which they are terminating you for. There may be some coverage that physicians are required to pay in the case of termination, but this will have to be specified in your agreement as well.

Termination

  • If you are entering a termination agreement, your employer will need to address and resolve all outstanding issues in the employment agreement. This termination agreement is basically being made to avoid any future litigations from being made in the future, as they can be costly. Ideally, the employer will address the issues and their reasons for the termination, pointing out the reasons in your employment agreement.

This way you are fully aware that they are terminating you for reasons they believe to be disruptive to the business, as per to the agreement. You want to make sure there is no wrongful discharge and that you are legally protected if there is. This is why you must speak to your employer as soon as you can.

Find Out What You Might Be Entitled To

  • Although it will depend on the circumstances, you may be entitled to severance pay when you are terminated. Make sure that you get everything you are supposed to, such as your last paycheck. Make sure that your employer gives you what they legally owe you, and find out if you are entitled to any coverage.

Keep It Down

  • While it can be tempting to tell everyone about your termination, you might want to keep it on the down low since you will still need to go through the actual termination and might still cross paths with your employer or coworkers again in the future. Stay civil and just do what you need to do to move on from the termination. Make sure you get all the benefits and start looking for a new job when you are finally available. As tempting as it is to talk smack about your ex-boss behind their back, don’t.

 

Romanosky Law specializes in protecting individuals that have had a wrongful termination. Get in touch with us today to see how we can help.

 

 

 

 

 

What You Need to Know About Wrongful Termination

Posted by on Jan 28, 2019 in Wrongful Termination | 0 comments

Getting booted from your job is no laughing matter. It can jeopardize the progression of your career for years to come. Plus, it can cause financial difficulties in the time before you can find a new job. An employer can’t just fire someone without any reasonable cause, as being terminated means that the company is not liable for any compensation, unlike a lay-off. The employment contract signed at the beginning of employment details the agreements to which both parties are held accountable to.

If you haven’t done anything to break those agreements, the employment laws, or the federal laws, your employer cannot legally fire you. If you suspect that you were wrongfully dismissed, you will need to involve a lawyer in the case. In this article, we’ll discuss a wrongful termination in more detail so that you can handle the situation properly if it ever happens to you.

 

What is a Wrongful Termination?

In short, wrongful termination is when an employee is fired illegally. Some examples of wrongful terminations are listed below:


// Discrimination

An employer cannot fire an employee based on their race, ethnicity, nationality, religion, sex, age, legal statuses, and characteristics that do not affect their ability to do their job.

// Retaliation

An employer cannot fire someone for rejecting non-work-related requests, whether legal or illegal. For example, if an employer makes sexual advances on an employee and gets rejected, termination is not justified.

// Misalignment of Moral Standards

In most states, it is wrong to fire someone for misalignment of moral codes. One has the right to exercise free speech and freedom of beliefs within the legal boundaries, and if they haven’t violated any laws, they can’t be held accountable for it. For example, if they participate in a legal movement that their employer doesn’t believe in, the employer has no right to fire them based on their beliefs if it doesn’t affect their ability to do their job.

// Breach of Contract

As mentioned, the employment contracts may state certain workplace rules that an employee is expected to follow, and if they fail to do so, they can be terminated. However, the scale of damage that the violation of this rule costs must justify the employer’s decision, or it can result in a long-winded legal battle between the two parties.

 

What Can a Lawyer Do For You?\


If you have recently been fired and things don’t seem to add up, you may want to gather as much evidence as you can and give an employment lawyer a call. Your lawyer can review the contract and compare it to the evidence that you collected to see if their decision to fire you was justified or not. If your lawyer finds any holes in their decision, they can advise you on what further legal actions you can take, and what you may get out of those actions. The available options will depend solely on how the strength of your case and how binding and conclusive the evidence is. If your case is compelling and all of your evidence is clear and indicative of how the termination process went down, you will have leverage for the ensuing negotiation.

For example, you can set up a meeting to negotiate a severance payment, settlement, or compensation. If all else fails, you can file for a wrongful termination case at the appropriate administrative office. Your lawyer can guide you through all of these processes and help you build the most compelling case for the evidence that you have.


In Conclusion


If you have been fired for one of the aforementioned reasons, get in touch with an employment lawyer as soon as possible. With most types of legal actions, it’s best to act fast so that the other party can’t hide or destroy the evidence before the investigation. This will ensure that you have the best chance of getting the most out of the case.

Knowing your rights and keeping track of the information in the agreement you sign is the most integral part, as that is the basis on which the right people will determine whether the termination was wrongful or not. It’s always a good idea to at least have your lawyer look through the documents to make sure that you’re not being taken advantage of by your former employer.

Romanosky Law specializes in protecting individuals that have had a wrongful termination. Get in touch with us today to see how we can help.

What to Do About Wrongful Termination of a Medical Employment Contract

Posted by on Jan 18, 2019 in Wrongful Termination | 0 comments

It’s not easy to become a doctor or a practitioner of any medical field. You have to go through years of school, specialized training, and countless evaluations to get to where you are. For that reason, you want to make sure that you protect your rights as an employee. This is why you have to stand up for yourself if you think you have been wrongfully fired from your position as a medical practitioner. If you suspect that your recent discharge was unlawful, this concise guide will walk you through the process of what legal actions you can take:

 

Disputes Against the Disciplinary Board

  • You should go to the disciplinary board right away if you’re skeptical of the nature of the termination of your employment contract. The people on the board are the ones regulating the workplace standards and rules that are mentioned in the contract, so they are the first people you should talk to in this case. Once you have submitted your forms, the board will appoint a hearing date, which they will debrief you on the violation of the regulations. If you disagree with the initial judgment of the board, you can file for an appeal for the case to be reviewed again with additional evidence. The most common types of punishment the board can give out are suspension, termination, and resignation. Of all of these, the termination of a professional certificate is by far the most damaging one, and it could throw your career off course for years to come. If it’s uncalled for or unjustifiable for the alleged violation, you may be able to build a case to say that it’s a direct attempt to halt your advances in your career. This is the primary stage of your defense, and if the case isn’t settled here, you have the option to take it further down the legal process.

 

What’s next?

  • The next legal actions you can take are filing for arbitration and lawsuit to settle the dispute.

Arbitration

  • Arbitration is the process of negotiation through a standing judge, the arbiter, and it’s the preferred method of settling a dispute for many reasons. First of all, the cost of the arbitration process is less expensive, and it’s much more flexible than a lawsuit. You have more control over the process than if you were to go to court, and the process doesn’t have to go on the public record of either party. What’s more is that the arbitration process is done a lot faster than a state or federal court as it involves fewer agents from all parties. The main difference between arbitration and the court is that it’s very difficult to appeal the verdict of the arbitrator, unlike for the court system. However, the verdict is as binding as the court.

 

Lawsuit

  • If you believe that the termination of the contract was illegal in nature, you can file a lawsuit for the associated crime. In most cases, the filing of this nature is based on discrimination laws. You cannot terminate an employment contract based on the employee’s race, gender, sexual orientation, religion, and other personality traits that have nothing to do with professional conduct. Discrimination laws are serious matters, and if you’re fighting against an organization such as a hospital, it could be an uphill battle that takes years before it’s settled unless you have clear and binding evidence of the wrongful acts.

 

Listed below are the common types of evidence that are used in a discrimination case:

 

(a) Testimonies from advisors, colleagues, and patients as appropriate

 

(b) Evidence to rebut the employer’s claims against you (emails, video recordings, phone calls recordings, photos, documents, etc.)

 

(c) Evidence to show that other practitioners with similar performance scores can still maintain the job

 

(d) Evidence of achieving a high level of performance

 

Conclusion

Wrongful termination of a contract is a serious matter that has to be handled very swiftly and sternly. As a medical practitioner, you have the right to maintain your job if you haven’t broken the code of conduct. If there’s no good reason why your employer terminated your contract, then it’s possible that it was an unlawful act. As a citizen of a free country, you shouldn’t let the employer get away with treating their staff however they’d like. If you’re facing a disciplinary discharge, you may want to involve a professional attorney in your case. They can represent your interests and stand up for you in the court of law, and they will do their best to settle your case in the most favorable way possible.

Romanosky Law specializes in protecting individuals that have had a wrongful termination. Get in touch with us today to see how we can help.

 

 

Wrongful Termination – What it is and How to Deal with it

Posted by on Jan 11, 2019 in Law | 0 comments

Wrongful termination refers to when an employment contract is terminated — in other words, the employee is fired — for illegal reasons. The most complicated part about the judicial process of a wrongful termination case is determining whether the termination was truly illegal or whether it was simply unfair.

The employment contract is usually drafted to protect both the employer and the employee, and for the contract to be terminated, it has to be in accordance with the contract terms. If the terms are violated by either party, the other has to right to take it to court. The lawyer for this type of case will also have to determine whether the employer has broken a state or federal law in terminating the contract. A wrongful dismissal can be highly disruptive to a person’s growth and integrity in the future, which is why it must be taken seriously.

The same is true for physicians as well, as these professionals and many other medical practitioners work in a private medical group, office, or clinic. These private entities are practically a company in itself, and they must obey the employment laws just like any other type of business. We’ll be talking about employment contracts and what qualifies as an illegal termination of the employment contract in this article.

The employment contract

  • As briefly mentioned, an employment contract is a binding contract that determines what the employer and employee are expected to do. It also includes the conditions of employment, which if the employee violates, the contract can be terminated without any legal consequences.

This is to protect the employer, as you wouldn’t want to risk a court case every time you fire someone who has seriously broken the code of conduct or professional etiquette. It’s especially important in the medical industry, as a violation of medical standards can put patients at risk of injury, infection, and other serious issues. The employment contract should also include how the contract is to be terminated in detail so that there’s no confusion for what each party is expected to do if the contract is to be terminated prematurely.

Protection against discrimination

  • The employment contract will protect either party from being discriminated against due to their race, gender, age, body figure, and other things. It will also prevent the other party from taking actions against the bullied party in the case that they file for a complaint or report as well.

What should you do?

  • If you have recently been fired and think that the reasons for dismissal violated the legally binding contract, you will have to review it, first and foremost. Read the terms very carefully to see if the employer has violated any agreed upon clauses. If this is the case, it may be in your best interest to call an employment lawyer and discuss your next course of action with them.

Tips on how to work with a lawyer


You need to make sure that you are as honest and straightforward with your lawyer as possible. Every piece of evidence is on a timer, and they must be gathered as quickly as possible to ensure that the paperwork hasn’t expired or been terminated. It’s also beneficial for your case if you don’t involve too much emotion throughout the process, as that may cloud your judgment. You have to use logic and facts as the foundation for your decisions, as these things are tangible evidence that you can use to further your chances of winning the lawsuit.

Romanosky Law specializes in protecting individuals that have had a wrongful termination. Get in touch with us today to see how we can help.

10 Reasons Why You Should Have a Lawyer Review Your Severance Agreement

Posted by on Jan 8, 2019 in Law | 0 comments

Severance pay is worth a lot, especially if the job has a high base salary. It’s mandatory in some states, which means you can get guaranteed severance pay after you leave a job. If you’re quitting a job, but you aren’t sure whether your severance agreement is fair or not, you can have an attorney review the agreement for you. Here are ten areas in which an attorney can help when it comes to your severance agreement situation:

  1. The Severance Payment:

Naturally, the severance payment should be included in the agreement, but in most states, the employer must pay this money regardless of whether the agreement is signed. An attorney can help to review the fairness of the severance according to the nature of the job.

  1. The Money the Employer Owes:

Every entitled benefit can be claimed for monetary value, and if the employee has unclaimed benefits that are not reflected in the severance, a lawyer may be in order. They can help to negotiate with the employer to ensure that the departing employee gets everything that they deserve.

  1. Employee Benefits:

Some benefits may not be terminated at the end of the employment contract, and the employee should retain these benefits. If the employer seizes these benefits and withholds them from the employee, the employee should look for a lawyer to deal with the issue.

4. The Release of Claims:

Sometimes, the employer will claim something from the departing employee. This is a very common occurrence, and sometimes the claim is fair, and sometimes it’s not. If the claim is a violation of the employee’s rights, a lawyer can come in and negotiate for a release of those claims.

  1. Non-Disparagement and References:

Non-disparagement agreements are usually a part of a severance agreement. It’s an agreement in which the departing employee agrees not to disclose any confidential information of the former employer. An NDA can be rather restricting, and if it’s worded unfairly, it can prevent the career advancement of departing employee. An attorney can negotiate for a new NDA to ensure that both parties can have their rights reserved without losing any benefits.

  1. Integration Clauses:

Verbal agreements are not binding, and sadly, it’s very common to see an employer promise one thing verbally and turn around and do the complete opposite in the severance agreement. This is why if something is agreed upon, it has to be added to the severance clause right away to prevent the employer from wiggling out of their own promises.

  1. Proprietary Information:

The proprietary information of the employer should be protected by the severance agreement, but that doesn’t mean that all of it can’t be used by the departing employee. Some of the information can be used to improve the chances of the departing employee at the new position. An attorney can negotiate with the employer to allow the employee to use some of the information for their future employment.

  1. Non-compete Agreements:

Non-compete agreements are crucial for preserving the profit potential and trade secrets of a business, and it’s a good preventative measure that employers should take. That being said, an NCA can also be very restricting, as it can prevent the employee from advancing their career in the stated field for a long time. If the clauses and conditions are unfair, an attorney can negotiate for a reevaluation of the NCA so that both parties can reserve their rights without impeding on the others’.

  1. Confidential Information:

The employer has the right to preserve their confidential information, and that’s typically included in the severance contract. Yet, it’s normal for the family and friends of the departing employee to be anxious and curious about the departure, but the employee may not be able to talk about it. An attorney can negotiate with the employer to disclose some pieces of information to their close relatives.

  1. Cooperation Provisions:

There are legal proceedings that will follow the departure of the employee, and the severance agreements may bind the employee to cooperate with the process fully. This can be unfair in some cases, as “full cooperation” has as much legal binding power as a law enforcer’s orders. An attorney can negotiate the terms to ensure that the cooperation is reasonable and within the boundaries of the employee’s rights.

Severance agreements should be reviewed very carefully, as it’s a legal document that binds the employee to a course of action. If it’s worded in a way that takes advantage of the employee, it can be very restricting to their future growth and personal freedom. For this reason, it’s better to have an attorney review your severance agreements to ensure that it’s reasonable for both parties.

 

Romanowsky Law specializes in physician contract reviews to ensure that you are getting fair
employment – get in touch today to see how we can help.

What To Know About Physician Compensation Payment

Posted by on Jan 3, 2019 in Law | 0 comments

Fresh out of training, it’s hard to get your head around compensation. The modest stipend you’ve been making won’t prepare you for what you will earn now. This means you could either underestimate or dramatically overestimate what you think you’ll get. Some practices still base compensation on the physician’s share of collections, which is a pretty easy concept to understand. Increasingly, however, payment even in practices is based on productivity.

As a new physician, it can be hard to understand the concept of compensation claims & physician contracts. There are many questions that come up when you hear the term medical compensation, and in this article, we’ll aim to answer some of the ones you may have

 

Work Relative Value Units

 

  • Depending on your payment type, there are a few different ways a physician is paid, one of which is production evaluation through work relative value units (wRVUs). Each employer has a different set of wRVUs that a physician is expected to carry out, and this standard has to be consulted with the Medical Group Management Association (MGMA). As long as the reimbursement policy complies with MGMA standards, there shouldn’t be any problem.

There are six factors that MGMA takes into consideration when they’re reviewing the wRVUs: practice ownership, group type, geographic region, demographics, number of partners, and call responsibilities. These factors play a major role in how much you can get out of your compensation negotiation. It’s difficult to gauge how much you can expect to get paid, but these factors will give you a general idea of your salary range.

What You Need to Know About Compensation

  • The wRVUs can be considered as a commission, as you will still have a baseline salary. If your salary is quite high already, the practice may pay the physicians a fixed rate that isn’t based on their performance. If that’s the case, you shouldn’t expect the compensation to be very high either.

Your first-year salary doesn’t determine what you will get later on
The first year salary is not indicative of how much you will get later on, especially if the compensation plan of the practice is focused more on future growth and retention. On the contrary, some practices will actually offer you a high signing bonus, but they may limit your growth in some other ways. You will have to consider your options and think about how you would like to go about your salary situation going forward.

Keep your eye on productivity targets

  • You have to look at productivity targets realistically. You don’t want the practice to take advantage of you by setting unrealistic expectations that you can’t meet, as this is sadly a rather common tactic businesses use to increase productivity. If you feel like you’re being taken advantage of, you have to take a step back and reevaluate your position.

Income-based compensation can be quite difficult

If the majority of your salary and that of your coworkers depends on compensation, it will result in a very competitive work environment. You may have to work harder in these practices than you would in a practice where the salary plan is more lenient. The decision will depend entirely on how you choose to work, as every person has their own idea of a good work environment.

Different productivity targets for specialized practitioners

  • The productivity targets may be different for a specialized practitioner. They usually have fewer patients, but the nature of their work may be more complicated than a general physician. If you’re a special type of surgeon, for example, you will have to review your wRVUs to ensure that they are fair and attainable.

Romanowsky Law specializes in physician contract reviews to ensure that you are getting fair employment – get in touch today to see how we can help.