Employment Agreement Between Clinic and Physician with Medical Specialty – Including Non Competiti

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Employment Agreement Between Clinic and Physician with Medical Specialty – Including Non Competiti Powered By Docstoc
					 Employment Agreement Between Clinic and Physician with Medical Specialty –
                  Including Non-Competition Agreement

        Employment agreement made on the (date), between (Name of Employee) of
(street address, city, state, zip code), referred to herein as Physician, and (Name of
Employer), a professional association organized and existing under the laws of the state
of ______________, with its principal office located at (street address, city, state, zip
code), referred to herein as Clinic.

1.     Employment by Clinic
       Clinic employs Physician as a member of and employee on the staff of Clinic.
Physician accepts such employment by Clinic on the terms and conditions provided in
this Agreement. Physician shall practice the medical specialty of (specify) exclusively as
an employee of Clinic and shall devote his entire professional time to providing medical
services to Clinic. Physician shall use his knowledge, skill and training to perform the
duties assigned to Physician by Clinic.

2.      Compensation
        As compensation for services as a member of the staff of Clinic, Physician shall
be paid at the rate of $____________ per annum, payable (e.g., twice monthly on the
first and sixteenth day of each month). In addition to the regular compensation provided
for by this Agreement, Physician shall be paid a bonus in an amount equal to ______%
of the gross fees in excess of $____________ generated by Physician and collected by
Clinic during the term of this Agreement. The bonus amount, if any, is to be determined
from the books and records of Clinic and shall be payable to physician within _______
days after the end of the term of this Agreement

3.     Sick Leave and Vacation
       See Clinic Policies in Appendix A attached hereto and made a part hereof.

4.    Fringe Benefits
      Physician shall be entitled to the following fringe benefits: (e.g., profit sharing,
pension plan, disability insurance, reimbursement for expenses, etc.)

5.     Work Facilities
       Physician shall be provided with an office, secretarial and technical help, and all
other facilities and services suitable to his position and adequate for the performance of
his professional duties.

6.      Clinic’s Control
        Physician acknowledges and agrees that Clinic has complete control and
authority of the acceptance or refusal of any patient and the amount of the fee charged
by Clinic for any professional services. In addition, any fees or honorarium received by
Physician for his professional services, or other professional activities, shall belong to
7.    Term of Employment
      The term of employment of physician under this Agreement shall be for a period
beginning on (date), and ending on (date), unless terminated as provided in this

8.      Confidentiality
        Physician acknowledges that during his employment, Physician shall have
access to and will become aware of confidential information concerning patients and
Clinic. Physician agrees to hold in confidence all information disclosed to or received by
Physician in connection with his employment.

9.     Patient Files
       All case histories, case records, X-ray films or personal and regular files
concerning patients of Clinic shall be the property of Clinic. On termination of his
employment, physician shall have the right, on presentation of a written direction from
any patient, to reproduce at Physician's expense any records of the patient so
consulted, treated, interviewed or cared for by Physician during Physician's employment
by Clinic.

10.    Non-Competition
       Physician shall not carry on, either alone or in partnership with any person or
organization, within (number) years after the termination of this Agreement, the practice
of (name of specialty) in (describe geographic area).

11.     Termination of Compensation on Notice of Discharge
        Physician’s employment may be immediately terminated for 
Description: Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area. When a restriction of competition is invalid because it is too long or covers too great a geographical area, Courts will generally do one of two things. Some Courts will trim the restrictive covenant down to a period of time or geographical area that the Court deems reasonable. A few jurisdictions still refuse to enforce restrictive covenant at all and declare them void.
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),