Physicians face challenges in their professional careers distinct from other professionals. Employment-related issues such as contract negotiations, compensation disagreements, non-compete clauses, and wrongful termination can significantly impact a physician’s career trajectory and financial stability. While challenges such as navigating employment agreements or resolving disputes with employers are challenges that other professionals can also face, there are often added layers of complexity in these matters due to the healthcare context. However, with the guidance of an attorney with a deep understanding of both healthcare regulations and employment law, physicians can be confident that they can practice without unnecessary restrictions and with well-deserved benefits. Here is a small sample of the services that this firm provides to physicians of all practice types.
Compensation and Benefits Disputes
Discrepancies in pay, unpaid bonuses, and denied benefits are common issues for physicians, particularly in complex healthcare systems. These disputes often arise from unclear compensation structures, failure to honor contractual obligations, or disagreements over performance metrics such as Relative Value Units (RVUs) and productivity-based models. Legal representation can play a crucial role in helping physicians recover unpaid wages, secure entitled benefits, and resolve disputes related to profit-sharing arrangements. Whether these disputes are due to employer oversight or intentional withholding, skilled advocacy can help to ensure fair compensation and protection of medical professionals’ financial interests.
Contractual Disputes
Employment agreements are central to the professional relationships between physicians and their employers. Once a physician has signed a contract, both employer and employee are bound by those terms. Unfortunately, disputes can arise when employers breach contracts, fail to meet agreed-upon compensation terms, or unilaterally alter job responsibilities. Such conflicts can disrupt a physician’s practice and livelihood. Excellent legal representation can protect physicians’ contractual rights. Legal representation can be essential to addressing these disputes, whether through strategic negotiation to achieve an amicable resolution or litigation to enforce the terms of the agreement.
Disciplinary Action
One of the greatest challenges that a physician can face is disciplinary action. No time is more crucial to secure an experienced physician discipline attorney who can provide expert guidance through every stage of the process, including helping to navigate investigations, reviewing allegations, and preparing defenses. This attorney can ensure compliance with relevant laws and regulations, challenge the validity of disciplinary actions, and represent the physician in hearings or court if necessary. By advocating for fair treatment, an experienced physician discipline attorney aims to reduce or eliminate disciplinary penalties, protect the physician’s professional reputation, and preserve their career.
Employment Contracts
Physicians’ employment contracts are often lucrative and full of great benefits; nevertheless, physicians should not enter into an employment contract without having it reviewed. The terms of an employment contract can significantly impact a physician’s career trajectory. Contracts often contain provisions regarding compensation, job duties, call schedules, termination clauses, and restrictive covenants. Without careful review, physicians may inadvertently agree to unfavorable terms that limit their options or fail to align with their professional goals. Legal expertise in reviewing and negotiating employment contracts helps ensure they are fair, balanced, and protective of a physician’s interests, mitigating risks and securing agreements that support long-term success. Additionally, skilled physician employment attorneys can help physicians to renegotiate their contracts.
Federal Employment Issues
Physicians employed by federal agencies, such as the U.S. Department of Veterans Affairs (VA), are entitled to specific rights and face additional responsibilities under federal employment laws. These rights include protection against discrimination, retaliation, and other forms of unfair treatment. Navigating federal employment regulations can be complex, but legal representation provides clear guidance and strong advocacy for physicians dealing with workplace disputes, grievances, or adverse employment actions within the federal system. Asserting these rights and pursuing equitable solutions is essential to ensuring fair treatment.
Harassment and Discrimination Claims
Workplace harassment and discrimination can undermine a physician’s ability to perform their duties and damage their professional reputation. Discrimination based on age, race, gender, sexual orientation, religion, pregnancy, disability, or other protected characteristics is illegal. However, physicians might sometimes mistakenly believe that they are required to tolerate such conduct. Additionally, physician employers might reject their attempts to correct workplace harassment or discrimination or retaliate with a peer review. Legal representation is essential for physicians who have experienced harassment or discrimination, holding employers accountable and advocating for fair treatment.
Non-Compete and Confidentiality Agreements
Non-compete and confidentiality agreements are common in physician employment contracts, but they can severely limit career opportunities after leaving a position. These agreements often restrict where and how physicians can practice, sometimes preventing them from working within a specific geographic area or specialty for a certain period. Overly restrictive terms in the contract might violate state laws or unreasonably restrict a physician’s ability to practice. Legal expertise is critical in evaluating these agreements, negotiating revisions, and, when necessary, challenging their enforceability in court.
Severance and Wrongful Termination
Employment relationships in the healthcare field can end abruptly due to organizational restructuring, performance disputes, or interpersonal conflicts. Physicians facing termination often encounter challenges such as insufficient severance packages, retaliation, or wrongful termination. Assistance is provided in negotiating fair severance agreements and challenging unlawful termination practices. If litigation becomes necessary, representation focuses on seeking compensation, reinstatement, or other remedies to ensure fairness and respect for the physician.
Sham Peer Review
Sham peer review occurs when a peer review process is misused for retaliatory or discriminatory purposes, such as targeting a physician due to competition, personal grievances, or professional disagreements. This can cause immense damage to the physician’s career. An experienced physician employment attorney can help with sham peer review by investigating the motives behind the review, challenging unfair or discriminatory actions, and advocating for the physician’s rights through appeals, legal remedies, or negotiations to mitigate the impact on their career.
An Experienced Physician Employment Lawyer Can Help
Your career as a physician is one of your most valuable assets. Protect it with the advocacy of an experienced physician employment lawyer. Contact Barney Cohen and the team at Concierge Healthcare Attorneys, LLC today.