Academic Opportunities in MS (Chairman), OH (Residency Program Director)
Practice Purchases in CA, ND, NV, PR
BUYER FOR SOUTHEASTERN OUTPATIENT PRACTICES AVAILABLE
This article is a continuation from last month’s newsletter article.
When Restrictive Covenants Will Not Apply
See if they will agree to circumstances upon which you will be released from the covenant. What is commonly called a “honeymoon” period is an agreement that if the relationship ends within a certain period of time of its commencement, then both parties can move on without restriction. This “probationary” period depends on the employer’s willingness to allow you to move across the street even if you have only been there for a month – some are too protective to allow an exception. Honeymoons can range from 30 days to 1 year, so check. I always ask that the covenant also not apply if you terminate for breach by the employer after they have a 30 day cure period (this typically just means you were not paid). Also, though it is not always agreeable since if you are there for a long time you are a threat regardless as to why you left, I would still try to see if they will release you from the covenant if you are terminated “without cause” or “for convenience”. There are other possible exceptions depending on the circumstances, including those relating to sudden salary changes or partnership opportunity loss.
Length of Time
Typical post-termination covenants range from 1 to 3 years for employees. Partner covenants can be up to 5 years. Practically you have to get a new job right away anyway so a 12 month covenant can arguably be equally protective of an employer, but most employers will not agree to less than 2 years. Ask for as little time as possible of course. They might agree to a shorter restrictive covenant period so long as you cannot solicit their employees or referral sources for a longer period of time. As mentioned above with respect to part-time employment, perhaps the length of the covenant can start low and increase with the length of time of employment.
Possible scope of covenant or location carve-outs may be available. They might be okay with you working for a hospital within the four corners of its outpatient or inpatient facility (but not at an outside office affiliated with the hospital). Maybe they will allow you to maintain staff privileges (and perform procedures) at a local surgery center or hospital, so long as you work in an office outside of the restrictive area. Specialized areas of practice can also be used as carveouts, such as allowing you to exclude pain management from the restriction definition if it is not the core concern of the employer.
In the end, covenants need to be evaluated on a case-by-case basis in light of your and the employer’s particular needs. Though we always try to negotiate them, they may very well be “fair” to both sides from the very start.
Article contributed by Ron Lebow, More information on this subject will follow in the next newsletter
Michelman & Robinson, LLP
Los Angeles | Orange County | Sacramento | San Francisco | New York
CHIEF, PM&R – JACKSON, MS
Stroke, Outpatient, Inpatient/Outpatient openings also available at this new program.
Exciting opportunity to start a PM&R residency program. “Unless you have visited Jackson, MS recently, your perception of it is most probably wrong and dated.” – Jackson, MS physiatrist who relocated to Jackson from New Jersey and is originally from southern FL. Jackson has upscale shopping areas, cuisine restaurants, and luxurious waterfront housing communities. Jackson is a
growing area and within 3-6 hours of New Orleans, Memphis, Atlanta, Dallas and FL cities. Easy suburban living. “Administration is doctor-friendly.” Per another Jackson, MS physicianRESIDENCY PROGRAM DIRECTOR – CLEVELAND, OH
New residency program affiliated with an 11-hospital system, 2 rehab hospital and a national rehab company. Put your mark on this innovative osteopathic-focused training program.MEDICAL DIRECTOR – MINOT, ND
Little to no competition. Built-in referral sources from the hospital’s doctor employment system. Experienced therapy team. 20-bed rehab unit. The hospital is building a new $300M facility. Employee affiliation. There are a couple of physicians to help with call. Home of an Air Force Base and Minot State University. Local airport.
REMINDER – IMMEDIATE RELEASES OF NEW PRACTICE OPPORTUNITIES
If you’d like to receive immediate release of new practice opportunities, please sign up at my website at www.farrhealthcare.com. The upper left hand side has a place where you can enter your email address.
About once every week or two, you will receive an email about any new practice opportunities. More information about the new practice opportunities may be found by clicking on the Openings tab on the Farr Healthcare website. Even more information is available by contacting Farr Healthcare, Inc. at [email protected], 888-362-7200.
REMINDER – THANK YOU REFERRAL BONUS
As a thank you, Farr Healthcare, Inc. continues its referral bonus program. Any doctors you refer to me for a particular opportunity who ultimately start work at that opportunity, Farr Healthcare, Inc. will provide you with a $1,000 as a thank you. I look forward to hearing from you.
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