28th Jan 2008
What effect does the term of an associate contract have?
You have just received a contract to look at for an associate (read: employee) position. You see that it is a two-year contract and that you cannot leave until the end of the contract. If you leave, it says, you must pay substantial “penalties” for breaking the contract. If you don’t want to renew, you must do so more than 60 days before the end of the contract.
Ok, this sounds pretty ominous, but is it? Take a deep breath and think about this: The term of a contract is established for two reasons:
1. So both parties have an opportunity to renegotiate terms (like pay/work)
2. So both parties can decide if they want to continue with the relationship.
But there may be a thousand reasons that you might have for wanting or needing to leave the contract within the term. A family emergency, your spouse’s illness, the realization that you don’t want to live in that town - all kinds of things could cause you to decide to leave. So why should you be penalized? You shouldn’t! So why does the doctor want to penalize you for leaving? He/she just wants to be sure that patients continue to be cared for, and he/she is not left treating all the patients. If you give enough notice, or find a suitable substitute, you should be able to leave.
I hope you will not sign a contract that has an “early leave” penalty. The doctor may tell you he won’t enforce it, but, like I always say, “If it’s not in writing it doesn’t exist.”


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