Fire without cause

[tceg]

What is the name of your state? NJ

I am in the midst of negotiations on a contract for joining a physician solo practitioner.

I have worked there 5 months, without a contract, on a per diem bases, 2 days/week.

The deal is for the next 10 months and includes purchase of 1/2 the practice at that time.

There is one major area of contention. We have agreed on a no compete for 5 miles and 2 1/2 years. However, the solo practitioner, who owns the practice, would like me to agree to the ability for him to release me without cause, on his discretion.

Is this fair and common practice?

Thanks in advance

 

[I AM ALWAYS LIABLE]

However, the solo practitioner, who owns the practice, would like me to agree to the ability for him to release me without cause, on his discretion.

====================================

My response:

Then, for all intents and purposes, you really wouldn't have a contract binding the two of you, would you? What you'd have is a glorified "at-will" employment situation. What good is a contract if one person can unilaterally end the contract? Is there some sort of "Liquidated Damages" clause or "Golden Parachute" buy-out clause in the event he discharges you? What's "in it" for you?

I can see it now, near the end of 10 months, and after all you've "invested" into the practice, he says to you, "Hey, how about we throw back some beers - - and, by the way, you're fired!"

Think about it.

IAAL

 

[I AM ALWAYS LIABLE]

My further comment:

Well?

IAAL

 

[hexeliebe]

Hey big guy. If this doctor takes this long to decide what should be a DUH, are you comfortable sleeping on his table with such an assortment of knives????

 

[I AM ALWAYS LIABLE]

Hey big guy. If this doctor takes this long to decide what should be a DUH, are you comfortable sleeping on his table with such an assortment of knives????

My response:

Hey, Hexy!

You may have a "point" - - get it? Point?

IAAL

 

[hexeliebe]

Boy, I could have used you in another thread...

You'd have had them in Stitches

 

[tceg]

Thanks all. Any one else?

 

[I AM ALWAYS LIABLE]

Thanks all. Any one else?

=============================

My response:

What do you mean by, "Any one else" (and, by the way, "anyone" is one word, not two)?

I had some quesitons for you to answer in my initial response to you. How about answering them?

IAAL

 

[tceg]

My apologies, I did not really take them as questions, since they made such a strong point.

>Then, for all intents and purposes, you really wouldn't have a contract binding the two of you, would you?

Yes

>What you'd have is a glorified "at-will" employment situation. What good is a contract if one person can unilaterally end the contract?

OK

>>Is there some sort of "Liquidated Damages" clause or "Golden Parachute" buy-out clause in the event he discharges you? What's "in it" for you?

No, there isn't at this point. I would get the ability to purchase the 1/2 the practice at the end of the 10 months and share in the profits.

>>I can see it now, near the end of 10 months, and after all you've "invested" into the practice, he says to you, "Hey, how about we throw back some beers - - and, by the way, you're fired!"

As previously stated, your point is very clear........

 

[Beth3]

If the contract allows for the doctor to dismiss you at any time for any reason (which is not necessarily unreasonable), you should ensure that the following particulars are included in the agreement:

1. You also retain the right to terminate the contract (i.e. quit) at any time for any reason, with or without notice; and

2. If you are dismissed, you are guaranteed severance, such as salary continuation and health benefits for a specific period of time after your termination date - whatever the two of you agree is reasonable (three months, six months, etc.) If that is included, then the doctor may understandably want to put conditions on when that is payable. For example, if you are dismissed for gross misconduct (theft, insubordation, etc.), then it is not payable.

 

[tceg]

Thanks.


>>If the contract allows for the doctor to dismiss you at any time for any reason (which is not necessarily unreasonable),

is this true at this point??. I agree, in the beginning, when one does not know the employee, but 5 months into a situation, one should have a relatively good idea if this situation is working or not, and should not need anything to withhold partnership. --it is almost time to negotiate for the next situation, the partnership agreement.

It really makes you wonder if there is something else here....



>>> you should ensure that the following particulars are included in the agreement:

>>1. You also retain the right to terminate the contract (i.e. quit) at any time for any reason, with or without notice; and

OK, but he would still want the non compete, so there is no reason that I would option this...


>>>2. If you are dismissed, you are guaranteed severance, such as salary continuation and health benefits for a specific period of time after your termination date - whatever the two of you agree is reasonable (three months, six months, etc.)

Maybe this is the only option, but this must be a significant price to limit my career option out of an environment for an extended time.


>>If that is included, then the doctor may understandably want to put conditions on when that is payable. For example, if you are dismissed for gross misconduct (theft, insubordation, etc.), then it is not payable.

Yes.

 

[Beth3]

tceg, nobody here can know what is in the doctor's mind as it relates to wanting to retain the "at will" employment relationship. All I can tell you is that it does not automatically imply he is planning on doing something underhanded or unethical down the road. Employers don't have crystal balls. It's quite possible (perhaps even likely) he is simply wanting to keep his options open should something unforseen occur regarding business developments.

If you're uncomfortable with the way the contract negotiations are going, then you should consider speaking to a qualified attorney and getting his/her input and recommendations.

 

[tceg]

My lawyer is very firmly against any compromise on this issue. I have committed 5 months at this time and am a bit hesitant to just walk away from this situation, on the other hand, don't want to place my self into an unrealistic situation.

Your right, he may have nothing underhand and is protecting himself. I believe strongly that is true. However, there are a lot of people that will stick a knife into your back for different reasons.

By the way, I have never mentioned other parts to the situation, in order not to biased anyone. I am the third associate to attempt to collaborate with him in the past 5 years. All of the reasons for break up are he said/ she said, but this makes me excessively cautious.

All said, I feel he is honest and looking out for his best interests.

 

[HomeGuru]

Oh, you already have a lawyer and there is more to your story?
No wonder this thread is as such.

 

[Beth3]

You already have an attorney advising you and there is (considerably, as it turns out) more to the situation than you shared.

And the reason you're posting here is ???