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At Will Employment Contract - PowerPoint

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					      NEGOTIATING YOUR
    EMPLOYMENT CONTRACT



    By: Vasilios J. Kalogredis, J.D., CHBC
Kalogredis, Sansweet, Dearden and Burke, Ltd.
             Wayne, Pennsylvania
                610-687-8314
      BKalogredis@KSDBHealthlaw.com
     EMPLOYMENT CONTRACTS FOR
     ASSOCIATESHIP WITH PRACTICE

A.   Contract for Associateship With Practice - Form
     of Contract. Often an informal, but legally-binding,
           letter-Agreement.
B.   Timing of Written Contract. Should follow shortly
     after or accompany offer.
C.   Term of Employment Agreement.
D.   Statement of Intention as to “Partnership
     Potential”. (if any)
E.   Termination Provisions.
G.   Compensation.


H.   Paid Practice Expenses.
     1.    Malpractice - generally paid for by practice.
           (a)    Claims-made versus occurrence
                  coverage.
           (b)    Unused portion.
           (c)    “Tail.”
           (d)    MCARE Abatement
    2.   Other Expenses - may be paid for in
         part or in full and include:
         (a)    Professional Society Dues;
         (b)    Hospital Staff Fees;
         (c)    Professional Education and
                Travel Expenses;
         (d)    Moving Expenses;
         (e)    Expenses for Business-Related
                Use of Car, Phone and Beeper;
         (f)    Entertainment Expenses.
    3.   Tax Ramifications.
.
I.   Fringe Benefits.
     1.     Retirement Plan
     2.     Medical and Major Medical
            Insurance
     3.     Life Insurance
     4.     Disability Insurance
     5.     Medical Expense Reimbursement
            Plan
J.   Vacation and Meeting Absences.
K.   Illness and Disability Absences.
L.   Restrictive Covenants.
     1.     May be enforceable if reasonable in
            time and geographical “space.”
     2.     If not signed prior to first day of
            work, may not be enforceable
            without additional consideration.
     3.     Injunction versus money damages.
M.   Non-Solicitation.
EMPLOYMENT CONTRACTS WITH LARGE EMPLOYERS


  A.   Large Employers. Includes hospitals, health systems,
       PPMCs and HMOs.
  B.   Contract With Large Employer - Form of Contract. Usually
       a formal Agreement.
  C.   General Employment Contract Issues. Many
       contract provisions, issues and concerns are similar
       to those described in previous section.
D.   Issues Unique to Large Employer
     Relationship
     1.    Restrictive Covenant.
           (a)    Should it apply if you terminate
                  for cause?
           (b)    Should it apply if employer
                  terminates not for cause?
           (c)    Should it apply if employer
                  does not renew at the end of the
                  term, or if employer renews but
                  not for a comparable
                  compensation package?
2.   Physical Work Locations.
     (a)   Contract should state where you are
           expected to work.
     (b)   Can employer make you work at
           different physical locations (i.e.,
           different office locations(s),
           hospital, van)?
     (c)   Who decides?
3.   On-Call Responsibility: Contract should
     be specific.
4.   Term and Termination.
Surround Yourself With Good and
     Experienced Advisors
1.   Accountant.
2.   Consultant.
3.   Attorney.
4.   Financial Planner.
     (a)    Investments
     (b)    Insurance
5.   Banker.
6.   How do you find what you are looking for?
7.   Check references.

				
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