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Category Archives: Employment Contracts
When a Physician Leaves a Practice, What Happens to Their Patients?
Generally, healthcare practices today employ several physicians to cover the needs of all of their patients — but what happens when one of them leaves the practice?
Can “Employed” Practitioners Protect Their Ideas & Inventions?
An employment agreement often includes language that prevents or limits a practitioner from taking ownership of their own intellectual property (IP). This can include IP such as research, inventions, patents or trademarks. Before joining a practice, practitioners should be aware … Continue reading
Practitioners: Define and Clarify Your Outside Activity Limitations
When a practitioner joins a new practice, the employer wants the employee to dedicate all of their professional time to the practice. They generally do not want practitioners to engage in outside activities — even though it is on their … Continue reading
Posted in Dental Practices, Employment Contracts, General, Medical Practices
Tagged Contract Language, Stephanie Rodin
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First Job? Protect Your Career By Asking the Right Questions
Practitioners who are close to completing their residency or fellowship often have many questions about their first employment contract and the various clauses within it. I regularly provide educational seminars to residents and fellows at metropolitan hospitals in numerous specialty … Continue reading
Posted in Employment Contracts, Law, Medical Practices
Tagged Career, Compensation Model, Restrictive Covenants, Stephanie Rodin
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Your Malpractice Insurance: Who Owns the Policy?
This past October, MLMIC Insurance Company, one of the largest providers of medical malpractice in New York, became part of Berkshire Hathaway. As a result of becoming a stock company, a sum of money was to be paid out to … Continue reading
Obtaining a New Job: Important Transition Considerations
It is not uncommon for practitioners to change jobs and join a new practice during the course of their career. When first considering a change in employment, it is imperative to immediately review the current employment contract and examine the … Continue reading
Does the Changing Healthcare Landscape Affect Doctor-Patient Privilege?
In most scenarios, doctor-patient privilege that is protected by HIPAA takes priority—similar to the way attorney-client privilege is treated. However, what was once a certainty is being challenged in the courts, primarily due to the increase of physicians who are … Continue reading
When a Non-Compete Is Non-Enforceable
In most instances, when a physician is hired at a practice, he or she must agree to a non-compete clause. By agreeing to this clause, the physician will be restricted on where they can continue to practice and render services … Continue reading
Posted in Employment Contracts
Tagged Employees, Employer Contract, Employment Agreement
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When Employment Ends, Practitioners Must Understand the Contract’s Terms
Practitioners who voluntarily or involuntarily leave a practice should immediately revisit their original contract. It is very important that they understand how the contract and its clauses—specifically the restrictive covenants—affect their future employment.
Posted in Employment Contracts
Tagged Employer Contract, Non-Compete Clause, Non-Solicitation
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Independent Contractor or Employee? Even the Courts Have a Hard Time Deciding
There was a recent case with respect to a Manhattan yoga studio, which was appealed four times, to determine whether the non-staff instructors were actually employees rather than independent contractors. The matter was In Re Yoga Vida NYC, Inc (Commissioner … Continue reading
Posted in Employment Contracts, General, Law
Tagged Commissioner of Labor, Independent Contractor, Stephanie Rodin
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