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Here is an excerpt of the Contract Law portion
from the Bonus Section.
- Type of Contract:
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At will (either party can terminate at anytime for any
reason) |
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Contract for a stated term (The contract states that the
employee will be employed for a set time period. Under this type of
contract, the employer can only be terminated for "cause" and go
through "due process", which is usually stated in the employee
manual or employment contract itself). |
- Terms of the Contract
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Effective date |
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Length of contract - is there a specified time period |
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Is the contract automatically renewed at the end of the
period or is it subject ot renegotiation? |
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Are there any restrictions (ex: moonlighting outside
the practice, patient population seen, treatment options, etc. . . .)? |
- Covenant Not to Compete: This usually
states that after the employee leaves the company he/she cannot have the
same business as the employer under either/all of these conditions:
within a certain distance, within a certain time period after leaving.
If your contract contains this covenant, you must ask for the specific
terms. Find out how enforceable this covenant is in the state where
you going to be working. Additionally, you should be able to ask for a
trial period before agreeing to the restrictive covenant or before the
covenant becomes effective. If a contract contains restrictive
covenant, it is best to obtain legal advice before signing the contract.
- Privacy at work: This usually means drug
testing. If the employer is a private employer, then it can do this
BUT if it is a state employer, then there are limitations Just have
the employee look at the conditions under which the testing will be done,
when it will be done, etc.
- Nondisclosure/Privacy Agreement: This is pretty
standard. This just means that certain information learned from the
employment cannot be disclosed. For example: Trade secrets,
property of the corporation (books, records, charts, etc. . . .).
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