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:
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.
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.
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.
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.
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.
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.
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.
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.
Romanosky Law specializes in protecting individuals that have had a wrongful termination. Get in touch with us today to see how we can help.
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.
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:
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
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 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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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’.
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.
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.
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
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.
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.
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.
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.
A non-compete agreement—sometimes referred to as “covenant not to compete”— is a contract agreement between the employer and employee or the business and the partner. The agreement is designed to restrict one party from working in the same profession and area for a certain amount of time, thus becoming a “non-competitor.” In the medical field, there are many trade secrets and other confidential information that has to remain unrevealed to protect the profitability of a practice.
When a breach of agreement occurs, litigation will ensue. To make sure that you win these litigations you need to avoid these three common mistakes:
As an employer, it is better to have a physician contract attorney draft the covenant for you to protect your business and to hold the contract violator accountable. On the other hand, the physician should also review the agreement with their attorney to ensure that the contract is fair and reasonable.
Having an unlicensed attorney draft and review your contract is a surefire way for you to be taken advantage of without a way to legally fight back.
What should I do?
Be vigilant of the time frame and be sure to comply by the court’s regulations and time frame.
For example, if the contract states: “The physician is unable to work in the medical field for two years after the termination of the contract,” the contract is unreasonable, and it can’t be legally enforced.
What should I do?
Consult your contract terms with an attorney prior to the litigation to review its enforceability.
Romanowsky Law specializes in Physician Contracts in the New Jersey & New York area – get in touch today to see how we can help.
If you’ve received a job offer from a potential employer, make sure you don’t sign it before a lawyer has gone over it with you. Regulations surrounding the healthcare industry can be quite strict. This means that physician employment agreements contain things that may not be included in the physician employment contract.
It’s definitely worth your while to consult a lawyer who specializes in physician employment agreements. They may very well save you from coming up with the shorter end of the stick.
Wondering why you need an attorney who specializes in physician employment agreements specifically? It’s simple, really. There are two main reasons why you need a specialized lawyer to review your contract.
First of all, legal professionals who specialize in physician employer contracts probably know a lot about the health care industry in your area. They may even know the hospital or practice that you will be signing on to.
There’s also a chance that your attorney has reviewed and negotiated contracts for other physician clients who were offered jobs at the same place of employment. In such a case, your lawyer will have a better idea of the things that your employer will be willing to negotiate and what they won’t. They’ll also be able to guide you on the things that you should negotiate and what you should compromise on so that you don’t waste too much time.
Second of all, you get to consult your lawyer about various things about your potential employer and the market. You get a professional legal opinion about your potential employer, their reputation, their competence, their management team, and the way they have historically treated their employees. This information can be invaluable and may make or break your decision to sign on with them
It isn’t too difficult to find an attorney who specializes in physician employment contracts. If you have absolutely no idea where to start, just get in touch with the state medical association. It’s important for you to work with an attorney who is licensed to practice law in the state where you’ll be working because there may be specific legal requirements in the area that you’ll have to comply to.
How much will it cost?
The cost of hiring an attorney to review your contract will vary greatly depending on your location. That being said, there are a few factors that may have an effect on how much you are charged. For instance, the fee arrangement may make a difference. Some lawyers charge by the hour and others charged by fixed rates. Some give you the choice.
The extent of the lawyer’s services will depend on what you specify. You may only want someone to review the contract, pinpoint any catches, and give suggestions on things you may want to negotiate while leaving the actual negotiation to you. This is a good way to keep legal fees down. If you want to ensure that you’re getting the best deal possible, however, you may want to hire an attorney to both review and negotiate the contract with your employer on your behalf.
Romanowsky Law specializes in Physician Contracts in the New Jersey & New York area – get in touch today to see how we can help.
As a general practitioner, it might not be the easiest thing to do. There are a lot of things you need to include in the contract, and the salary plan should be agreed upon beforehand. On the other hand, if you’re a healthcare firm and are looking to draft a contract for anything at all, you might find that it’s not easy to make it inclusive and thorough. This is why it’s in your best interest to work with a medical contract lawyer, no matter which side of the coin you’re on.
Physicians, physician groups, medical business, and other attorneys have placed their trust and confidence in our firm for their most vital and sensitive contract issues. Our breadth of experience, regulatory knowledge, and foresight enable us to handle matters involving:
Independent physicians and medical practitioner groups have to worry themselves with a lot of legal issues. Some of these issues include medicine-specific agreements like medical director agreements and physician employment agreements, and some are not. More generalized contract issues include employment agreements, management agreements, leases, and billing agreements.
Without the proper knowledge on how to deal with these issues, it can cost the firm and the physician a ton of money. Listed below are some of the most common types of agreements that every physician has to deal with. A contract lawyer can assist any physician or firm to draft an inclusive and protective agreement that ensure that both parties are treated fairly.
A good medical contract lawyer will be able to draft an agreement that abides by the law and helps to protect the interests of every party involved. This will save the firm from lawsuits and legal complications that can leave a detrimental effect on the firm.
This is a guideline for how these transactions need to be done, and if one party violates the agreement, the other party can go forward with a lawsuit.
A PEA needs to include compensation policy for both the employer and the employee against wrongful acts from one another. The PEA will provide a guideline for each practitioner and what they’re expected to do. This is a tricky thing to do, as there are many factors to include, and each practitioner at each position is will perform different treatments. It means that a PEA needs to be redrafted for each healthcare specialist. Additionally, the PEA will also include the salary for the employee, as well as the payment plan. Some medical firms offer a full shared-profits salary plan while others go by performance or work hour.
Call Coverage Agreements
Medical equipment and workspaces aren’t cheap. This is why there must be a purchase agreement and leases to ensure that the firm is not liable for anything other than their main responsibility to the venue.
These aren’t the only things that a medical contract lawyer can do for a medical firm, as they are proficient at any medical-related legal issues. If you’re having a problem with your medical contract, you should give a medical contract lawyer like Romanowsky Law a call.
