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Contract expired, can my terms change?/ NEW K&K WEBINAR SIGNUPS!!! (HIPAA / EMPLOYEE STUFF!)

October 29, 2015

Question:

Jennifer,

     My contract expired a few years ago and has an “at-will” clause in the termination section if a new contract is not executed. Do the terms of my employment continue to be the terms in the prior contract until a new one is executed?  Can the employer change contract terms such as compensation or vacation days “at will” or would I need to sign a new contract for them to make these changes?

Thanks, 
Dr. P
Answer:

Now that you are "at will", and the contract terms have expired, you may be subject to term changes, such as changes related to vacation and other benefits. Changes to compensation, depending on how severe, may qualify as constructive termination, which, again, you would be an "at will" employee so you could be fired at any time for any reason regardless.  Once the terms of the contract expire, you really are lacking a tremendous amount of protections.  Then again, so is the employer. This about how many different types of protections the employer probably has in your initial contract related to patient records, record-keeping, billing, audit exposure, compliance, etc etc. Operating without a contract is less than ideal for both sides. Not to mention there may be potential exposure if your payment structure is not a flat base and includes certain incentives - how are you to prove you are not being paid inappropriately for kickbacks? My advice, find the right liason and start the contract process.  

For advice actually applicable to your situation, I need to see the contract and any subsequent communications between the parties to advise.



 
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