Category Archives: Employment Contracts

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

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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

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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

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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

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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

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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

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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

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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.

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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

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Protect Yourself When Modifying Employment Agreements

Recently, I have been receiving inquiries from practitioners with respect to their executed employment agreements. Various concerns have come up relating to their employer wanting to change or alter the terms in the original employment contract, and they are unclear … Continue reading

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