Four Reasons Why Physician Employment Agreements Should Always Be Reviewed By an Attorney

New Jersey is an at-will employment state. As the National Conference of State Legislatures (NCSL) explains, an at-will employment relationship is one that either party—the employer or the employee—can end at any time and for any reason, but for an illegal reason. That being said, many physicians work under an employment agreement. Before signing any such contract, it is crucial that you have it reviewed by an attorney. In this article, our New Jersey employment attorney highlights four key reasons why a physician employment contract should be reviewed by a lawyer.

1. Your Attorney Will Confirm that All Relevant Issues are Properly Addressed 

Employment agreements in the medical field are complex. They can be riddled with terms and conditions that are not easily understood. A primary reason for involving an attorney is to ensure that all pertinent issues are adequately addressed. An employment lawyer with experience handling physician contracts will have a keen eye for detail, expertise in contract law, and in-depth understanding of the specific issues related to physician employment. These may encompass patient care responsibilities, working hours, on-call duties, compensation models, termination provisions, restrictive covenants, and more. 

2. Your Lawyer Will Ensure You Understand All of the Terms 

Physicians often encounter unfamiliar legal jargon while reviewing their employment agreements, and this can lead to confusion and misunderstanding. An attorney can demystify these terms and conditions, and clarify potential implications in plain language. Aspects like non-compete clauses, liability issues, professional liability insurance, dispute resolution mechanisms, and many more can have far-reaching consequences on a physician’s career and personal life. 

3. Your Attorney Will Ensure Insurance Provisions Protect Your Interests 

One of the most critical components of any physician employment agreement is the insurance provision. Your attorney will not only ensure you understand the type and amount of coverage you are being offered, but also that the insurance provisions adequately protect your interests. Among other things, this typically involves verification that the policy limits are sufficient, the tail coverage is properly addressed, and the malpractice insurance clause aligns with industry standards. 

4. You Have the Right to Negotiate for a Better Employment Agreement 

Finally, remember that an employment agreement is not a “take it or leave it” deal. Physicians have the right to negotiate for more favorable terms. An attorney can not only identify potential areas of improvement within the agreement but also provide strategic advice on how to negotiate effectively. Whether it is improving your compensation, adjusting work hours, modifying restrictive covenants, or addressing any other matter in the proposed agreement that may not be in your best interests.

Contact Our New Jersey Employment Lawyer for a Confidential Consultation

At Poulos LoPiccolo PC, our New Jersey employee rights attorney is standing by, ready to help protect your rights and interests. We have extensive experience reviewing complex employment contracts. If you are a physician with any questions about an employment contract, we are here to help. Contact us today to arrange your fully confidential consultation. Our firm represents employees in Monmouth County and throughout the wider region in New Jersey.

Source:

ncsl.org/labor-and-employment/at-will-employment-overview