Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a physician and need help reviewing a job offer

Customer Question
Hello, I am a physician...
Hello, I am a physician and need help reviewing a job offer contract in state of NY. Can you help?
Submitted: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
3/23/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 541
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I would be happy to help. If you have a written offer and can send it via reply to this email, I can take a look. Also let me know if you have any particular concerns on which I should focus.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Hello. thank you for your response. I've attached my contract. Mainly, wanted to see if you can review the contract and let me know if theres any red flags I should address before signing this contract.
1. Are there any benefits that are usually covered in other contracts that I'm not getting in here?
2 Also, there is something mentioned about the limitation of practice when I leave that job and I needed help understanding that.
3. Wanted to negotiate increase the hourly rate to $120 and working one saturday a month instead of every other saturday.
4. There is no mention of maternity leave benefits.
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Your concerns and the document are great. I will review them now and get back to you shortly.

Ask Your Own Employment Law Question
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Below are my thoughts for you to consider:

First, you can certainly negotiate for a higher hourly rate and one less Saturday a month. You will just need to decide if they do not agree to those changes how important they are to you or what else you might propose if they do not accept those changes (e.g., if two Saturdays maybe one less weekday; if not $120/hour maybe $100/hour with such rate to be subject to increase by the mutually agreement of the parties at the time of any renewal of this agreement).

In Section 4, line 7 it says "So long as physician is employed with the company beyond Date ...." I'm not clear what date that is referencing and wonder if a word is missing or if it should be Term instead of Date.

In Section 4(a), when it references the contract terminating if you are absent due to illness or injury for more than 90 days, you may want to add the phrase, "unless such extended leave has been approved by the employer or is leave expressly provided for in any employer policies or benefits"

Section 6's non-solicitaiotn and non-compete provisions are relatively standard. It expressly recognizes patients' rights to choose their own doctors and your right to advertise to the general public. The only real restriction is your ownership interest in a competing practice within a year of leaving. And, it appears to be limited to the street addresses identified. You may want to ask them to clarify exactly what the geographic limits on this provision are - are you just prohibited from competing within those street address ranges? That is how I read it.

As for maternity leave, it is not included (it may be in the employee policies, but I would not count on it); you can ask to include a set amount of paid maternity leave. If the employer is large enough - 50 or more people - you would be entitled to up to 12 weeks unpaid under the Family and Medical Leave Act (FMLA).

Otherwise, it is a pretty standard agreement and I don't see any obvious red flags.

I hope this helps. If you need further assistance, please reply to this email. If I answered your questions and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Thank you. Could you please clarify your statement "or is leave expressly provided for in any employer policies or benefits"
Do you have any tips on how to negotiate? Or I can send you what I have so far so its easier for you to give your suggestions?
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Giving suggestions or revisions to how you plan to respond will probably be most efficient.

In terms of my comment regarding leave, the contract references general employee policies that you will abide by. Often more complete descriptions of leave policies such as leave for maternity or illness, leave for jury duty or military service, etc. are spelled out in an employer's policies or handbook rather than in individual contracts. Since your contract does include some reference to these benefits, I would rely more on your individual contract, but you may want to ask if the policies in place provide for any additional leave benefits other than those spelled out in your agreement.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Ok. Including below a draft of the email I've written to negotiate the terms. Please make any changes you think are appropriate. You can change the language too. I want it to be authoritative enough but at the same time respectful.1. I'm currently getting $120 an hour. $85 is almost a 1/3rd pay cut for me. I would appreciate if you can match my current salary. I'll be happy to provide proof of my current salary if required.2. Section 3 - For some reason, I was under the impression that we discussed one Saturday a month on the phone. I might not have accurate recollection. However, I'd really appreciate if we could do 1 Saturday a month. I'd be willing to make myself available by phone in case the PA's who will be in the clinic will have any specific questions. With a brand new baby to take care of and not much support from my husband because of his busy residency schedule, I'd really appreciate if we can change this.3. Line 3 from the top - office location at 116 East 36th Street, New York, New - seems like a typo. (should be NY)4. Line 5 from the top - says "full-time basis" can we change it to "part time basis"5. Section 1 - line 3 - "full time basis" again change to "part time basis"6. Section 1 - Lines 5-7 - Do we have to include all offices? or should we just include the Queens office where I'll be covering.7. Section 3 - Call schedule - How much is the reimbursement for the calls?8. Section 4a - when it references the contract terminating if you are absent due to illness or injury for more than 90 days, can we add the phrase, "unless such extended leave has been approved by the employer" Also, please comment about the policy on maternity leave.9. Section 4 - line 5 - " It shall automatically renew for a 1 year period unless notified 2 months prior ... " Please add - " ... unless notified by either employer or employee 2 months prior..."10. Section 5 - It says physician may be eligible for additional compensation based on productivity. How does this work? Can you please provide details?11. Section 6 - "The foregoing geographic restrictive covenant shall not apply in the event that the Physician’s employment terminates during the initial six (6) months." Can you include the area of the restrictive covenant.12. Section 6 - "Employee agrees that for one year after leaving the Company, Employee will not become a shareholder, member, owner, Employee, or Manager of a competing organization that provides allergy/immunology services." This is a very broad statement. Please delete.13. Section 8 e - "Physician agrees that, during the term of her employment with the Company, she will not engage in any other employment, occupation, consulting or other business activity related to the business in which the Company is now involved or becomes involved during the term of her employment, nor will she engage in any other activities that conflict with her obligations to Company." Since I am working allergy for only 2 days a week, I plan to do some telemedicine occasionally on the side. This does not seem to violate the terms mentioned in the contract. But please add - " Working in Telemedicine is acceptable and will not be considered a violation of these terms."14. Section 10 b - Equitable remedies paragraph - Please explain/expand on this ?15. Section 15 - Paid holidays - Please include this for part -time employees as well.16. Section 15 - Paid vacation - Could you please explain how the paid vacation works?17. Section 15 - "Board Certification" Please include reimbursement for NY state license renewal as well.18. Section 15 - Can we start 401K benefits starting January 1st 2020?19. Exhibit A - It says "providing other health services or procedures as requested by the Employer" - Please clarify which procedures other than allergy testing/drug & food challenges/spirometry/biologic administration would I be expected to perform.20. Exhibit A - It says performing technical services for sinus and dental CAT scan" Can you please expand on this and what I'm expected? I am not certified or experienced in operating CT scan machines.21. Exhibit A - Physical assistants - Happy to answer any questions PA's have and co-sign notes on the patients that I review and examine with the PA. But I'm not comfortable signing notes on patients that I have no knowledge about and exclusively seen by the PA. Can we please include this in the contract?22. Exhibit A - Blogs - Would love to assist in writing blogs for the website. Do I just clock in during the hours I'm writing the blogs or it is a separate reimbursement schedule?
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

1. I'm currently getting $120 an hour. $85 is almost a 1/3rd pay cut for me. I would appreciate if you can match my current salary. I'll be happy to provide proof of my current salary if required.
Revision: I would like to be compensated at my current rate of $120/hour.
2. Section 3 - For some reason, I was under the impression that we discussed one Saturday a month on the phone. I might not have accurate recollection. However, I'd really appreciate if we could do 1 Saturday a month. I'd be willing to make myself available by phone in case the PA's who will be in the clinic will have any specific questions. With a brand new baby to take care of and not much support from my husband because of his busy residency schedule, I'd really appreciate if we can change this.
Revision: I am available to work one Saturday per month and to be available via phone for a second Saturday.
3. Line 3 from the top - office location at 116 East 36th Street, New York, New - seems like a typo. (should be NY)
​For typos, just provide these corrections and note typos - generally people appreciate typo correction at this point.
4. Line 5 from the top - says "full-time basis" can we change it to "part time basis"

5. Section 1 - line 3 - "full time basis" again change to "part time basis"

6. Section 1 - Lines 5-7 - Do we have to include all offices? or should we just include the Queens office where I'll be covering.

7. Section 3 - Call schedule - How much is the reimbursement for the calls?
Great thing to ask for clarification on.
8. Section 4a - when it references the contract terminating if you are absent due to illness or injury for more than 90 days, can we add the phrase, "unless such extended leave has been approved by the employer" Also, please comment about the policy on maternity leave.
Revision: " ... unless such extended leave has been approved by the employer, is leave required under the Family & Medical Leave Act or is other approved leave by the employer, including but not limited to maternity or family leave, sick leave or short term disability.
9. Section 4 - line 5 - " It shall automatically renew for a 1 year period unless notified 2 months prior ... " Please add - " ... unless notified by either employer or employee 2 months prior..."

10. Section 5 - It says physician may be eligible for additional compensation based on productivity. How does this work? Can you please provide details?
​Great request for clarification - you want to know exactly how your compensation will be computed.
11. Section 6 - "The foregoing geographic restrictive covenant shall not apply in the event that the Physician’s employment terminates during the initial six (6) months." Can you include the area of the restrictive covenant.
I think the area is certain addresses, but perhaps the request should be - Revision: Please specifically describe the geographic area included in this provision.
12. Section 6 - "Employee agrees that for one year after leaving the Company, Employee will not become a shareholder, member, owner, Employee, or Manager of a competing organization that provides allergy/immunology services." This is a very broad statement. Please delete.
If the geographic area in the prior provision is clarified, this is pretty typical. It is trying to ensure you won't quit and open a competing practice right next door. One year is reasonable it just needs to be limited to the area in which you worked in the city - not within x miles or x blocks.
13. Section 8 e - "Physician agrees that, during the term of her employment with the Company, she will not engage in any other employment, occupation, consulting or other business activity related to the business in which the Company is now involved or becomes involved during the term of her employment, nor will she engage in any other activities that conflict with her obligations to Company." Since I am working allergy for only 2 days a week, I plan to do some telemedicine occasionally on the side. This does not seem to violate the terms mentioned in the contract. But please add - " Working in Telemedicine is acceptable and will not be considered a violation of these terms."

14. Section 10 b - Equitable remedies paragraph - Please explain/expand on this ?
This is standard; this provision allows an injunction to stop you from violating the non-compete. As long as the geographic area in which you cannot compete is reasonable this is as well.
15. Section 15 - Paid holidays - Please include this for part -time employees as well.
​If you will be part-time this is great; if not, it is not the place to change these policies.
16. Section 15 - Paid vacation - Could you please explain how the paid vacation works?
​Revision: Please clarify how paid vacation is calculated.
17. Section 15 - "Board Certification" Please include reimbursement for NY state license renewal as well.

18. Section 15 - Can we start 401K benefits starting January 1st 2020?
Not sure what this means; 401k contributions should start as early as the plan allows. Benefit payments are determined by the plan and the law and cannot generally be changed.
19. Exhibit A - It says "providing other health services or procedures as requested by the Employer" - Please clarify which procedures other than allergy testing/drug & food challenges/spirometry/biologic administration would I be expected to perform.
​This is pretty standard and is generally included to allow you to be assigned ancillary duties like paperwork or supervision of support staff (nurses, PAs, etc.)
20. Exhibit A - It says performing technical services for sinus and dental CAT scan" Can you please expand on this and what I'm expected? I am not certified or experienced in operating CT scan machines.

21. Exhibit A - Physical assistants - Happy to answer any questions PA's have and co-sign notes on the patients that I review and examine with the PA. But I'm not comfortable signing notes on patients that I have no knowledge about and exclusively seen by the PA. Can we please include this in the contract?

22. Exhibit A - Blogs - Would love to assist in writing blogs for the website. Do I just clock in during the hours I'm writing the blogs or it is a separate reimbursement schedule?

Great points; I provided my thoughts in bold. Let me know if you have any questions.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Employment Law
Satisfied Customers: 541
541 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I am going out for 8 weeks on short term disability. As part
I am going out for 8 weeks on short term disability. As part of my job I have to take call. My employer now comes to me requesting I make up that call that I will miss while out after I return. Is tha… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
I was on Short Term disability in Sept.- Nov off 2017. I
I was on Short Term disability in Sept.- Nov off 2017. I went back two work Dec working from home per my doctor for two months and then went into the office. I go sick again due to stress from work. C… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can my employer add my Fmla and my short term disability
Can my employer add my Fmla and my short term disability together … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I need to file for short term disability with my employer
I need to file for short term disability with my employer under FMLA for stress and anxiety reasons; is my application going to put me in jeopardy for my job? I have recently found out that some reduc… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am on short term disability for back pain. My pcp
I am on short term disability for back pain. My pcp completed the paperwork. My nurse case manager for my company said future paperwork must be completed by a physician credentialed in the applicable … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Am I required to submit FLMA and short term disability
Am I required to submit FLMA and short term disability paperwork to my employer if I'm working four hours a day in office and working four hours from home while receiving physical therapy for a hernia… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
Been iut on short term disability biss has now called dr
Been iut on short term disability biss has now called dr office demanding information and an actural return to work date, that my job is in jeopardy. Have worked at tbe hospital gor 34 years … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How come if my company has short term disability thru cigna
How come if my company has short term disability thru cigna i have to report my veterans benifit they are not related dont understand is it just a way for the insurance company to get out of paying … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Thanks. I've been on short term disability leave from my job
Hello and thanks. I've been on short term disability leave from my job of 27 years and it ends now. My employer said they'll take me back but don't really need me as business is slow. Can I ask for my… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,789 satisfied customers
I'm currently on short term disability and am not wanting to
I'm currently on short term disability and am not wanting to return to my current employer because the stress of this job is a large part of the reason for my impairment. what is the appropriate way t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I am on short term disability through my current employer.
I am on short term disability through my current employer. In state of IL; at will state. WHAT ID LIKE TO HAPPEN: Look for other work. Go back to my employer to give notice & stop disability, transiti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've been out on short term disability/FMLA for a broken
I've been out on short term disability/FMLA for a broken ankle. My FMLA runs out on February 24th. My doctor informed that I can return to work on February 13th with some minor restrictions - nothing … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can i be denied short term disability benefits for testing
Hello can i be denied short term disability benefits for testing positive for thc at my psychiatrist … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
If some has and short term disability insurance and is
If some has long and short term disability insurance and is denied their claim and subsequent appeal what is a next course of action to take against that insurance company?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
I filed for short term disability through the company that I
I filed for short term disability through the company that I work with. I had the doctor fill paper work. If the paper work that I submitted to the disabitlity company shows I have a diagnosis is the … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I am on short term disability since Aprildue to complicated
Hi I am on short term disability since Aprildue to complicated pregnancy. I had my baby on November 21st and on FMLA leave until Jan 15th. I have to return to work on Jan 16th. I am still feeling weak… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I have exhausted my FMLA, short term disability and
I have exhausted my FMLA, short term disability and currently pending long term disability in the state of Texas. I briefly went back for a week during FMLA prior to my illness getting worse. My quest… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I have used all of my FMLA along with short term disability
I have used all of my FMLA along with short term disability during Feb-May came back to work 5/5. I was not 100% better however I went back to work. Migrane headaches caused by an accident and then ha… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x