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Question
I am a physician in WI, just finished first year of my first job post residency. In a two year contract at a stated salary. My conflict is that in my annual review they have asked me to either cut my salary by over 20,000 or to take on several additional shifts at an UC--there claim is that I have not made enough money in my first year to cover their cost (even though I started in a new clinic with no patients). My claim is that they can't adjust my salary until the two years is up. This paragraph refers to the term of employment: The term of Physician's employment herunder shall commence on September 8, 2008 or as soon thereafter as credentialing paperwork has been successfully completed, and shall continue for a period of two (2) years thereafter until terminated in accordance with Paragraph 8, below. By mutual agreement of all interested parties, this term of employment may be extended an additional year from the date of renewal anniversary. no mention of expected earnings.
Submitted: 16 days and 5 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Wisconsin
Posted by
DCrane
16 days and 5 hours ago.
Info Request
Thank you for the post, is there any language in your contract regarding modification? Generally this language is found towards the end under a paragraph entitled Amendment.
16 days and 5 hours ago.
Reply
There is no paragrapgh entitled Amendment and no reference I can find to Modification, it does end with a paragragh entitled Entire Agreement.
Posted by
DCrane
16 days and 5 hours ago.
Info Request
How many pages is the contract? Also, what does it say with respect to each party's ability to terminate the contract with advance written notice?
16 days and 5 hours ago.
Reply
It is 8 pages. To clarify, under Entire Agreement paragragh it says no change or modification of this agreement shall be valid unless agreed in writing. For voluntary termination, it states 90 days written and for other termination it says may terminate immediately based on cause referring to felony, behavior, loss of license or hopital priveleges, etc. No mention of productivity. Under Failure to perform duties it says term if fail to perform duties of agreement according to executive committee and such breaches not fully cured in 30 days
Accepted Answer
thank you for the clarification, the way that this would play out is if you do not agree to the compensation modification, they would exercise the 90 day provision.
Expert:
DCrane
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Answered:
11/5/2009
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.
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