October 29, 2015



     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?

Dr. P

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.



Title: Employee stuff!

Date and Time: Wed, Nov 4, 2015 12:00 PM - 1:00 PM EST
Description:  Join K&K for a lunch break discussion on employee classification, hours, overtime, breaks and vacation. We'll try to keep it simple, short and sweet.
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Title: Getting ready for 2015 HIPAA Breach Reporting!

Date and Time: Wed, Nov 18, 2015 12:00 PM - 1:00 PM EST
Description:  Its that time of the year again! The time when you report when you've been naughty and inappropriately (directly or indirectly) disclosed patient information. Join K&K to discuss practitioner obligations, and a discussion about WHAT IS A REPORTABLE BREACH???
Register: HERE!


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