Physician Employee Contract Review
If you are in the process of negotiating an employment contract for a position in the healthcare field, it is important to seek advice from an experienced employment law attorney. Many Muslims in our community are employed in healthcare professions, and many Muslims in our state are practicing physicians. But before you agree to a contract or the terms of an offer, you should know precisely what implications that agreement can have when it comes to your benefits and your ability to practice medicine in a manner that you believe is appropriate.
Learning about Physician Employee Contracts
Not all employment contracts are alike, and physicians’ contracts can vary widely depending on your specific area of practice and the type of employer. According to a fact sheet provided by the American Academy of Family Physicians (AAFP) and a handout from the American College of Physicians, there are several key elements of any physician employment agreement, and it is particularly important to work with an experienced employment attorney who can review the details of your offer. Generally speaking, the elements of any physician employee agreement that should be of utmost importance include:
- Details about compensation: When we talk about compensation, we are referring not only to the amount that you will be paid, but also your opportunities for incentive compensation. Incentive models can vary widely, and it is important to understand how and when you can be eligible for incentive payments;
- Employment status: Some healthcare professionals may be identified as “employees” according to federal tax law, while others may be identified as “independent contractors.” The difference between the two is extremely significant. As an employee, you will receive a W2 form at the end of the year from your employer. As an independent contractor, you will receive a 1099 form, which will indicate your income for the year. There are very different tax consequences for these different forms of employment. Independent contractors will need to pay a significant portion of taxes from their income for the year, while employees who receive a W2 will already have had certain taxes deducted from their paychecks;
- Your benefits: In addition to healthcare insurance, retirement benefits, and paid vacation time, it is extremely important to understand whether your benefits package includes malpractice insurance. In general, most healthcare employers pay for malpractice insurance for their physicians, but certain forms of malpractice insurance coverage can leave you paying portions yourself. Malpractice insurance can be quite complex, but an employment lawyer can help you to navigate this complicated aspect of your benefits package;
- Termination provisions: Your employment agreement may or may not permit you and your employer to terminate without cause. In general, however, most physician employment agreements will permit your employer to terminate for cause. It is important to understand the difference in these terms and to be clear about the ways in which you can end your employment agreement with the employer; and
- Restrictive covenants: physician employment contracts often include restrictive covenants, which can limit your ability to practice, generally in terms of a geographic area, after your employment agreement comes to an end. According to anarticle from the Modern Medicine Network, “non-competition covenants prevent a physician who leaves a practice from providing services in close proximity to his or her former practice for a set period of time.” Physician employee agreements can also include non-solicitation provisions, which can prevent you from soliciting your former patients after your employment agreement ends.
Seek Advice from a Muslim Employment Lawyer in Oakbrook Terrace
At the Farooqi & Husain Law Office, our dedicated advocates have years of experience assisting members of the Muslim community with physician employee agreements. We understand the market, and we can assist you in negotiations to ensure that you receive fair terms of employment. The healthcare professions continue to grow, and many Muslims in DuPage County are employed in this field.
Do not hesitate to discuss your employment offer with an experienced DuPage County business lawyer. We are dedicated to assisting the members of our community, and we can review your physician employee contract today. Contact the Farooqi & Husain Law Office to learn more about our services.Sources: