Do you have a duty of loyalty to your employer?

Employees Owe a Duty of Loyalty to Their Employers. Employees’ duty of loyalty to their employers finds its source in the common law. An employee has a duty to act solely for the benefit of the employer when engaging in any conduct that relates to the employment.

What should be included in an employment agreement for a physician?

No two employment agreements are created equal. Each agreement must be reviewed on its own terms. Even though the language may appear to be boiler plate, many of the terms may be negotiable. Below are some basic clauses and considerations with which every physician should be aware.

Can a departing physician compete with an employer in Florida?

This clause prevents a departing physician from competing with the employer in a specific geographic area (usually a radius of between five and fifty miles) for a specific period of time (usually one or two years). These restrictive covenants are enforceable under Florida law. Is other employment permitted?

When does an employer terminate a physician’s contract?

Close attention should be paid to the terms and the conditions. The termination section usually allows the employer to immediately terminate the physician’s employment if certain events occur, such as the physician losing his or her medical license, being convicted of a felony or dying.

How does an employment contract with a physician work?

The typical employment agreement will provide for a guaranteed salary for the first one to two years. After that, the physician is usually compensated based on production. It is important to remember that some medical groups might offer an employed physician an opportunity to buy into the group after a period of time.

What should a physician negotiate with his employer?

Some employers prohibit outside employment; others allow it but require that the income be turned over to the employer. If the physician anticipates “moonlighting,” the physician should negotiate to minimize the employer’s control over outside employment and income from it.

What are boilerplate provisions in physician employment agreements?

However, most physician employment agreements include a clause obligating the losing party to an enforcement action to pay for all legal fees of both parties. Miscellaneous “boilerplate” provisions. Most employment agreements have a series of “boilerplate” provisions that usually come at the end of the agreement.