Outside Employment Clauses
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Physicians often have interests and opportunities outside of their primary employment that contribute to their professional growth and personal fulfillment. However, restrictive outside employment clauses in physician contracts can hinder these activities. This article provides a roadmap for understanding and negotiating more flexible outside employment clauses, empowering
physicians to pursue additional opportunities and achieve a better work-life balance.
Outside employment clauses in physician contracts address engagement in additional professional activities beyond primary employment. These clauses may cover moonlighting, consulting, teaching, research, or other endeavors. It's important to carefully review your contract to identify any restrictions or requirements related to outside employment.
Once you've identified the outside employment clauses, assess the restrictions they impose on your ability to engage in additional work. Consider if the clauses completely prohibit outside employment or if they impose specific limitations, such as time commitments, specialty restrictions, or conflicts of interest. Evaluate whether the restrictions align with your professional goals and allow for a healthy work-life balance.
When negotiating outside employment clauses, consider the following strategies:
Clearly define the scope of outside employment: Clearly articulate the types of activities that should be exempted from the restrictions. Emphasize the importance of professional growth, continuing education, and exploring new opportunities that complement your primary employment.
Seek reasonable limitations: If the contract imposes restrictions, advocate for reasonable limitations that do not excessively burden your ability to pursue additional opportunities. Propose a cap on the number of hours or shifts worked outside of your primary employment or suggest flexibility based on workload or patient care needs.
Address conflicts of interest: If the restrictions aim to prevent conflicts of interest, propose a disclosure and approval process. This ensures transparency and accountability while allowing you to engage in outside activities that do not compromise patient care or professional integrity.
Consider compensation and non-compete clauses: Discuss the impact of outside employment on compensation and any potential conflicts with non-compete clauses. Advocate for fair compensation for additional work and ensure that non-compete clauses do not unreasonably restrict your career mobility.
Obtain legal advice: Engage an attorney with experience in physician contracts to review the outside employment clauses, provide guidance during negotiations, and protect your professional interests.
Understanding and negotiating outside employment clauses is crucial for physicians who wish to pursue additional opportunities beyond their primary employment. By assessing the restrictions, employing effective negotiation strategies, and seeking legal guidance when necessary, physicians can secure a contract that supports their professional growth, personal fulfillment, and work-life balance.