If you have a specific request, your employer may grant it. Or the employer may allow you to participate in certain activities under the condition that you remit all earnings from those activities to the employer. This may seem unfair, but could give you leverage in future discussions about compensation increases.
Restrictive covenants: Restrictive covenants, also known as non-competes, are common. Generally, a restrictive covenant limits what an employee can do after they leave their current job. For example, a physician who leaves a practice may have a restrictive covenant that prevents them from practicing medicine within a 50-mile radius of the current practice for two years after they leave their current job. A restrictive covenant may also prevent a physician from recruiting employees or patients away from the current practice.
Whether, and to what extent, a restrictive covenant will be enforced varies from state to state. Regardless, it’s important to review your contract for what you may not be able to do after your employment ends. Try to imagine how difficult it would be to make a living if you left this position. If you think it could affect your life or career path, it may be time to negotiate a reduced restriction, such as a smaller non-compete radius or a shorter lifespan of the covenant. A lawyer can help determine how your state will enforce a non-compete, which will create leverage during negotiations for a less restrictive covenant.
Employee vs. independent contractor: Another important consideration when reviewing your employment contract is whether you will be considered an employee or an independent contractor. A section in the contract will explicitly describe your relationship to the employer. From tax obligations to having control over your work to stability of work, your employment status determines a lot. Review the description of the arrangement from a practical standpoint to determine if any deal-breakers are present.
Your employment status can also have major implications when determining whether your contract complies with the Stark law and the Anti-Kickback Statute. As discussed above, an experienced healthcare attorney can help ensure you are not running afoul of any major laws.
Sign on the Dotted Line
By approaching employment negotiations as a collaboration, you demonstrate to your employer that you are considerate, focused and grounded. Reach out to an attorney experienced with reviewing employment agreements well in advance of your anticipated start date to ensure the process is completed timely and effectively.
