Tag Archives | physician

Death, Taxes and (that darn) Non-Compete Clause

Posted on 09/26/2013 12:00am by Michael Lawrence in recruiting

They say the only certainties in life are Death & Taxes, unless of course you happen to be a medical provider, then you can add a restrictive covenant (or non-compete clause) to that short list.

In many ways, it is the equivalent of a pre-nuptial agreement, as starting  a new professional opportunity, is much like a marriage.  And as we all know, a successful one always has the traits of compromise, trust and good will….amongst other things.  We all go into these new endeavors, jobs or relationships, with the best intentions.  Both parties need to have some faith they’ve made the right decision.  But we also know no one has a crystal ball and taking a step back to consider the worst case scenario is natural for both parties. 

Sometimes, this part of a contract can be negotiated, however in most cases (especially in private practice) there is typically little lee-way.  In all cases, this will be part of your agreement.  Understanding the mileage radius or mechanics if the practice adds offices is just one piece.  Understanding the bigger picture and the spirit of the clause is a whole different ‘ball of wax’.

Practice Point of View

Many private practices are built upon the blood, sweat and tears of a doctor or group of doctors.  Given the hard work and time it takes to build a successful, growing practice, we can all appreciate why the employer doesn’t want to lose patients and potentially his or her livelihood.  Practices also don’t want to be used as a vehicle for an out of town provider to ‘get his feet wet’ in their market before opening up their own practice. 

In most cases, you’re building relationships with a patient base provided through the investing in marketing of you and the practice by the practice.  After a physician leaves a practice, the period of time of the non-compete decreases the risk of that investment.  Additionally, the practice is investing heavily in you, if they can’t realize a return on that investment they certainly don’t want to be in worse situation by losing patients.

Candidates View Point of View

  • What if the unforeseen happens?  Will I be able to work again in the area?
  • What if the practice wants to get rid of me before the contract is fulfilled 
  • What if the practice adds locations?
  • Why is your non-compete 10 miles and my friend just signed a contract with a 5 mile non-compete?

Although their might not be a significant amount of lee-way with regards to the terms, understanding them completely, as well as the ‘spirit’ of the clause, is essential.  Additionally, non-compete clauses cannot be legally enforced if deemed ‘unreasonable’, in a worst case scenario.

Ultimately, both parties need to feel comfortable and understand all the facts.  Your recruiter will help you navigate through those facts and decrease the amount of “faith” placed in the agreement.

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Tags: physician, opportunities

Summer Vacation Tips / Pros and Cons of Private Practice vs. Large System

Posted on 07/08/2013 12:00am by Michael Lawrence in recruiting

As many of you plan your summer vacations (and contemplate your next career move), one of the best options out there include a trip on a giant cruise ship, with lots of amenities.  Sounds great?  No?  Maybe you’re the more spontaneous, adventurous type and a smaller, chartered yacht is more your style. 

Along with summer comes hurricane season, so perhaps stability of a large ship is your personal preference to weather a potential storm.   Or maybe the smaller vessel, with the ability to make quick decisions and turn quickly is the right choice for you and your family.

On the major cruise-line, of course there will also be more predictability, less unknown and for most people is the safe choice.  The large ship comes with great benefits like four star restaurants, nightly shows and clean towels by the pool.  There is a manual for when things go wrong and stuffing your face at the buffet is not only welcomed but encouraged!

The most glaring difference of the charted, smaller vessel is the economic risk of this endeavor.  There certainly will be more of an upfront investment with this choice but the unique memories will last your entire life.  The captain meets with you on a daily basis for your input, quick decisions to change course are easy and welcomed.  Fresh fish are caught every morning.   You chart your own course without any limits.

Much like in your career, at some point you may contemplate what makes most sense for you, a large, hospital based system or a private group practice.  Both have their pro and cons as you know, but much like the dilemma above, it comes down to personal preference, what stage you may be in life and career and how hard you want to work.

Things to consider when weighing the options:

  • Do you deal well with bureaucrats?
  • Do you want to achieve partner level?
  • Are you the entrepreneurial type?
  • Do you prefer production based comp or are you willing to take less for a “guarantee”?
  • How important are top notch benefits?

These are just the tip of the iceberg (which hopefully you won’t encounter if you do take that cruise!) when considering which way is best for your career and family.  Please call my MD careers at 561-451-2211 to discuss further.  Don’t miss the boat!

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Tags: physician, opportunities