Most physicians have little training in the art of negotiation. Some physicians assume that nothing is negotiable and accept an initial contract as is, whereas some feel that everything is negotiable. Basic negotiation skills are important, especially when negotiating your starting salary, as this is the amount that all future increases will be based on. This chapter will discuss basic negotiating skills and what are the most essential elements of a physician contract. One particular aspect is that of restrictive covenants. Historically, covenants not to compete, and covenants against solicitation and acceptance of patients, have been part of physician contracts. Often, from a legal perspective, these were viewed as restraints on trade, and, therefore, were held to be unlawful. However, times have changed, and many physicians find themselves being forced out of the geographical areas in which they live and work or embroiled in costly litigation regarding the enforceability of restrictive covenants. This chapter will review the latest laws regarding restrictive covenants and provide advice on deleting these clauses from employment contracts.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Contracts and Negotiation

  • Neil Baum,
  • Marc J. Kahn

摘要

Most physicians have little training in the art of negotiation. Some physicians assume that nothing is negotiable and accept an initial contract as is, whereas some feel that everything is negotiable. Basic negotiation skills are important, especially when negotiating your starting salary, as this is the amount that all future increases will be based on. This chapter will discuss basic negotiating skills and what are the most essential elements of a physician contract. One particular aspect is that of restrictive covenants. Historically, covenants not to compete, and covenants against solicitation and acceptance of patients, have been part of physician contracts. Often, from a legal perspective, these were viewed as restraints on trade, and, therefore, were held to be unlawful. However, times have changed, and many physicians find themselves being forced out of the geographical areas in which they live and work or embroiled in costly litigation regarding the enforceability of restrictive covenants. This chapter will review the latest laws regarding restrictive covenants and provide advice on deleting these clauses from employment contracts.