Physician Employment Agreement Template

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PHYSICIAN EMPLOYMENT AGREEMENT
THIS AGREEMENT, made by and between PRACTICE NAME, hereinafter referred to
as PRACTICE ABBREVIATION and PHYSICIAN NAME, hereinafter referred to as
EMPLOYEE, and entered into this ____ of ________, 200_, but effective on ______________,
200_.
WITNESSETH:
WHEREAS, PRACTICE ABBREVIATION, is a group practice;
WHEREAS, EMPLOYEE is presently qualified to practice INFECTIOUS DISEASE,
and is licensed to practice medicine in the State of State Name.
WHEREAS, PRACTICE ABBREVIATION desires to contract with EMPLOYEE so that
EMPLOYEE may assist PRACTICE ABBREVIATION in expanding its practice and,
WHEREAS, EMPLOYEE will meet the requirements to become a member of the
Hospital Staffs at the following Hospitals (hereinafter, the “Hospitals’):
Hospital Name 1
Street Address, City, State Zip Code
Hospital Name 2
Street Address, City, State Zip Code
Hospital Name 3
Street Address, City, State Zip Code
Hospital Name 4
Street Address, City, State Zip Code
Hospital Name 5
Street Address, City, State Zip Code
and other Hospitals mutually agreed between EMPLOYEE and PRACTICE ABBREVIATION,
and:
NOW, THEREFORE, in consideration of the foregoing and the mutual
agreements set forth below and for other good and valuable considerations, the receipt and
adequacy of which is hereby acknowledged, and the parties, hereto agree as follows:
1.
EMPLOYMENT
PRACTICE ABBREVIATION and EMPLOYEE hereby agree that PRACTICE
ABBREVIATION shall employ the services of EMPLOYEE and EMPLOYEE hereby accepts
such employment to render medical services under the terms and conditions hereinafter set forth.
2.
DUTIES AND RESPONSIBILITIES
EMPLOYEE shall devote his/her best and entire efforts and all necessary working time
in the performance of her duties as a physician for PRACTICE ABBREVIATION. EMPLOYEE
shall keep regularly scheduled clinic hours as may be set from time to time by PRACTICE
ABBREVIATION and mutually agreed upon by EMPLOYEE. EMPLOYEE shall perform
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PHYSICIAN EMPLOYMENT AGREEMENT
THIS AGREEMENT, made by and between PRACTICE NAME, hereinafter referred to
as PRACTICE ABBREVIATION and PHYSICIAN NAME, hereinafter referred to as
EMPLOYEE, and entered into this ____ of ________, 200_, but effective on ______________,
200_.
WITNESSETH:
WHEREAS, PRACTICE ABBREVIATION, is a group practice;
WHEREAS, EMPLOYEE is presently qualified to practice INFECTIOUS DISEASE,
and is licensed to practice medicine in the State of State Name.
WHEREAS, PRACTICE ABBREVIATION desires to contract with EMPLOYEE so that
EMPLOYEE may assist PRACTICE ABBREVIATION in expanding its practice and,
WHEREAS, EMPLOYEE will meet the requirements to become a member of the
Hospital Staffs at the following Hospitals (hereinafter, the “Hospitals’):
Hospital Name 1
Street Address, City, State Zip Code
Hospital Name 2
Street Address, City, State Zip Code
Hospital Name 3
Street Address, City, State Zip Code
Hospital Name 4
Street Address, City, State Zip Code
Hospital Name 5
Street Address, City, State Zip Code
and other Hospitals mutually agreed between EMPLOYEE and PRACTICE ABBREVIATION,
and:
NOW, THEREFORE, in consideration of the foregoing and the mutual
agreements set forth below and for other good and valuable considerations, the receipt and
adequacy of which is hereby acknowledged, and the parties, hereto agree as follows:
1.
EMPLOYMENT
PRACTICE ABBREVIATION and EMPLOYEE hereby agree that PRACTICE
ABBREVIATION shall employ the services of EMPLOYEE and EMPLOYEE hereby accepts
such employment to render medical services under the terms and conditions hereinafter set forth.
2.
DUTIES AND RESPONSIBILITIES
EMPLOYEE shall devote his/her best and entire efforts and all necessary working time
in the performance of her duties as a physician for PRACTICE ABBREVIATION. EMPLOYEE
shall keep regularly scheduled clinic hours as may be set from time to time by PRACTICE
ABBREVIATION and mutually agreed upon by EMPLOYEE. EMPLOYEE shall perform
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his/her duties under this contract in strict conformance with applicable laws, regulations, rules
and standards for her profession so as to provide medical services of the highest quality.
EMPLOYEE shall fully disclose to PRACTICE ABBREVIATION any allegations,
investigations, or restrictions regarding any hospital medical staff, state licensing authority, state
or local medical society, drug enforcement agency or any other organization.
3.
COMPENSATION
As compensation for the services rendered by EMPLOYEE, PRACTICE
ABBREVIATION agrees to pay EMPLOYEE a base salary of $120,000.00 (ONE HUNDRED
TWENTY THOUSAND DOLLARS) annually, paid every two weeks. In addition, EMPLOYEE
shall be entitled to keep monies received from lectures; testimony or chart reviews as an expert
witness, medical education, or medical administration should she provide these services.
In addition, an incentive program will be structured as follows:
In the first contract year, EMPLOYEE will receive 20% of all fees collected over
$180,000 from EMPLOYEE’S patient care services rendered in the inpatient and outpatient
settings. After the $180,000 in fees generated by EMPLOYEE have been collected, PRACTICE
ABBREVIATION shall remit these incentive payments with the second regular payroll of the
month following receipt of said fees.
In the second contract year, EMPLOYEE will receive 25% of all fees collected over
$200,000 from EMPLOYEE’S patient care services rendered in the inpatient and outpatient
settings. After the $200,000 in fees generated by EMPLOYEE have been collected, PRACTICE
ABBREVIATION shall remit these incentive payments with the second regular payroll of the
month following receipt of said fees.
EMPLOYEE will also receive five percent (5%) of all revenue that is generated from
infusion services to her patients
PRACTICE ABBREVIATION shall pay the incentive payments
.
on a regular basis on the second payroll of the month following the receipt of said fees.
PRACTICE ABBREVIATION shall be responsible for deducting and paying the usual
federal and state taxes, social security and Medicare taxes for compensation.
PRACTICE ABBREVIATION agrees to pay EMPLOYEE a signing bonus of $5,000.00
if this contract is signed by ________________
PRACTICE ABBREVIATION agrees to reimburse EMPLOYEE for 50% of approved
moving expenses not to exceed $5,000.00 paid by PRACTICE ABBREVIATION. (Up to 50%
of $10,000.00 of approved expenses paid by EMPLOYEE)
4.
BILLING
PRACTICE ABBREVIATION shall solely bill on behalf of EMPLOYEE for
professional and ancillary services rendered by EMPLOYEE in the name of PRACTICE
ABBREVIATION. Any and all fees received in connection with such billed services belong to
PRACTICE ABBREVIATION and shall be paid as received to PRACTICE ABBREVIATION
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and if payable to EMPLOYEE shall be assigned to or endorsed over promptly to PRACTICE
ABBREVIATION by named payee.
5.
MEDICAL/DENTAL STAFF MEMBERSHIP
This Agreement is contingent upon EMPLOYEE being appointed and remaining a
member of the Medical-Dental Staff of the aforementioned Hospitals during the term of this
Agreement. Should EMPLOYEE cease to be a member of Hospital’s Medical-Dental Staff by
resignation or removal from the Staff for due cause, license to practice medicine in the State of
State Name being revoked, suspended or restricted, this Agreement shall automatically terminate
effective as the date of such resignation, revocation, restriction, or suspension. PRACTICE
ABBREVIATION shall pay all outstanding wages and bonus due through the last day worked for
PRACTICE ABBREVIATION.
6.
TERM AND AGREEMENT
Unless earlier terminated in accordance with the Agreement, this Agreement shall be in
full force and effect beginning _____________, 20__ to and ending ______________, 20__.
This Agreement shall automatically renew and continue in full force and for an additional twelve
(12) months on the then current terms and conditions unless either party terminates this
Agreement by written notice at least one hundred twenty (120) days prior to the end of the initial
term or any renewal term(s).
7.
VACATION
EMPLOYEE shall be entitled to four (4) weeks of vacation, but not more than two (2)
consecutive weeks at one time and subject to approval by the Management Committee. Vacation
shall be defined as any weekday in which EMPLOYEE shall not participate in the clinical
operation of PRACTICE ABBREVIATION for reasons other than illness. Time taken to attend
Continuing Medical Education is counted towards Vacation time. Vacation may be taken in day
or week increments.
8.
FRINGE BENEFITS
EMPLOYEE shall be eligible to participate in PRACTICE ABBREVIATION’S employee
benefit package, as long as EMPLOYEE is an Employee of PRACTICE ABBREVIATION and
EMPLOYEE meets all eligibility requirements of each plan and agrees to abide by all the terms and
conditions of each benefit plan.
As long as EMPLOYEE remains an EMPLOYEE, PRACTICE ABBREVIATION agrees to
pay EMPLOYEE’S health and dental insurance for EMPLOYEE, spouse and legal dependants.
As long as EMPLOYEE remains an EMPLOYEE, PRACTICE ABBREVIATION agrees to
pay EMPLOYEE’S professional liability insurance and medical staff dues for hospitals and
application fees mutually agreed upon between PRACTICE ABBREVIATION and EMPLOYEE.
Upon termination of this agreement, for any reason, PRACTICE ABBREVIATION will not provide
any tail professional liability coverage and EMPLOYEE will be responsible for any and all tail
professional liability (malpractice) insurance coverage if such is required.
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As long as EMPLOYEE remains an EMPLOYEE, EMPLOYEE shall be entitled to a
monthly car phone stipend of $75.00 and an educational stipend of $1,000.00 per year.
9.
RECORDS.
All case records, charts and personal files concerning patients of PRACTICE
ABBREVIATION shall be and remain the property of PRACTICE ABBREVIATION. On
termination of his employment, EMPLOYEE shall not be entitled to keep or reproduce
PRACTICE ABBREVIATION’S records or charts related to any patient unless the patient shall
specifically request that his/her records be transmitted to EMPLOYEE or unless PRACTICE
ABBREVIATION ceases to operate.
10.
RESTRICTIVE COVENANT
A.
EMPLOYEE covenants and agrees that for the duration of EMPLOYEE’S employment
hereunder, EMPLOYEE shall not compete with PRACTICE ABBREVIATION in the medical
practice nor be on staff at any hospital not designated by PRACTICE ABBREVIATION. In
addition, EMPLOYEE agrees not to be employed by any other employer without the expressed
written consent of PRACTICE ABBREVIATION. Upon termination or resignation from
PRACTICE ABBREVIATION, EMPLOYEE covenants and agrees to resign from the medical
staff(s) of the Hospital(s) and not to perform medical services for a period of two (2) years from
the date of termination or resignation at any of the Hospitals or their affiliated
outpatient/ambulatory care centers and any other hospital or outpatient/ambulatory care center
where EMPLOYEE has provided medical services during the term of employment. EMPLOYEE
covenants and agrees not to perform medical services, for a period of two (2) years from the date
of termination or resignation, within four (4) miles of any PRACTICE ABBREVIATION
outpatient office in which EMPLOYEE has regularly provided outpatient services.
B.
It is specifically understood that this covenant against competition shall survive
the expiration of any and all other terms of the Employment Agreement.
C.
It is the intention of the parties to restrict the activities of EMPLOYEE only to
the extent necessary for the protection of legitimate interests of PRACTICE ABBREVIATION
and they specifically covenant and agree that should any of the provisions herein, based on
circumstances not now foreseen by the parties, be deemed too broad for that purpose, said
provisions shall nevertheless be valid and enforceable to the extent necessary for such protection.
D.
In the event of a breach of the restrictive covenant by a Founding Partner, Senior
Partner, or Partner, it is agreed that the Company’s damages from this breach will be extremely
difficult, if not impossible to determine. It is further agreed that the violation of the covenant will
result in irreparable harm to the company, and that the injuries resulting from the breach may not
be fully compensable in money damages. Therefore, as remedy to the Company for the breach of
this covenant and in addition to any and all remedies at law or in equity, the Company shall be
entitled to obtain an injunction from a court of competent jurisdiction prohibiting the Founding
Partner, Senior Partner, or Partner, from further or continuing breach of the covenant. In
addition, the breaching party agrees to pay the Company upon demand, not as penalty but as
liquidated damages, the following:
Employee
$100,000
(One Hundred Thousand Dollars)
In the event that the No Solicitation covenant is breached, it is agreed that this will result in
irreparable harm to the Company that cannot be reasonably or adequately compensated in
damages, and therefore, the Company shall be entitled to equitable remedies, including, but not
limited to, injunctive relief to prevent the breach and to secure enforcement thereof, in addition to
any other relief or reward to which the Company may be entitled.
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11.
NO SOLICITATION
For a period of one (1) year from the resignation, termination or expulsion, a Founding
Partner, Senior Partner or Partner shall not, without the expressed written consent of the
Founding Partners, employ, retain the services of (whether as an independent contractor or
otherwise) or contract with any person or entity who is a “prohibited person.” As used here, a
prohibited person is a person who is at the time of resignation, termination, or expulsion, or
during the six (6) months immediately prior to the resignation, termination or expulsion,
employed by the Company.
.
12.
AMENDMENTS/MODIFICATIONS
Any amendments, additions, or supplements to or cancellation of this Agreement shall be
effective and binding on PRACTICE ABBREVIATION and EMPLOYEE only if in writing and
signed by both parties.
13.
ON CALL
EMPLOYEE agrees to share equitably call and coverage for INFECTIOUS DISEASE
patients with other physicians employed by PRACTICE ABBREVIATION on a schedule as
mutually agreed to between PRACTICE ABBREVIATION and EMPLOYEE.
14.
NOTICES
All notices which either party is required or may desire to give to the other under or in
conjunction with this Agreement must be in writing, and shall be deemed to have been duly given
upon receipt if delivered in person or sent by facsimile to the party named below, or three (3)
days after it is deposited in the United States mail, if by certified or registered mail, postage
prepaid, return receipt requested, or the next business day if it is transmitted by Federal Express
or similar overnight delivery service, addressed as follows:
PRACTICE ABBREVIATION:
PRACTICE NAME
Street Address
City, State Zip Code
EMPLOYEE:
PHYSICIAN NAME
15.
GOVERNING LAW
This Agreement shall be construed and governed by and under the laws of the State of
State Name.
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