By Dale Bixby, MD, PhD, University of Michigan, Ann Arbor, MI
As trainees, we dedicate a lot of time and effort to developing the
required skill set to be an effective hematologist. When transitioning
from fellow to attending, we are often overwhelmed with new
responsibilities and do not devote the proper time to understanding our
employment contracts. However, as many current attending physicians can
tell you, the devil is often in the details. Just as you would want the
best advice on managing a difficult medical case, seeking counsel
before signing on the dotted line of your new employment contract can
potentially save you many headaches as you embark on your new
professional career.
Do Ask … Do Tell
As with your previous academic interviews, you have a finite period
of time to decide whether the new employment option is a good fit for
your career. It is critical that you openly and honestly discuss your
career plans with your new employer, ensuring that you can thrive in
the new environment. From an academic perspective, understand your
service and clinical responsibilities and ensure they will allow you
adequate time for research pursuits. Inquire about details, such as the
number of clinics per week, months on ward service, call requirements,
and teaching assignments. It is always wise to start slow and build up
your clinical responsibilities later if necessary. If you are
overloaded with patient care from the start, it may be difficult to
pare down your duties later and your academic work will suffer. For
those with a laboratory research focus, understand your start-up
package including lab space, core facility availability, and charges,
as well as access to collaborative faculty. Those wanting to work on
clinical trials should clarify protocol review committee and internal
review board functionality, as well as data management and regulatory
support. For those entering private practice, meet the members of the
group to understand their dynamics and planned division of labor.
One Size Doesn’t Fit All
Because your job responsibilities and needs are very
individualized, a generic contract cannot contain enough specifics to
ensure your protection. Each physician’s specific assignment, personal
priorities, practice area, patient makeup, and compensation scheme will
be unique, so the physician and the institution need to work together
to ensure that the employment contract reflects the physician’s unique
role in the organization. Yet the vernacular of contract law is often
beyond the scope of many, including issues of safe harbor provisions,
non-compete clauses, multi-tiered compensation packages, and
malpractice coverage including tail insurance. This does not even begin
to address time off and reimbursement for professional education,
details addressing support staffing and materials, or dispute
resolution and termination clauses. Oh yes, and there is also the issue
of your salary. Understanding that most of the initial contract terms
are subject to negotiation is critical; don’t assume that anything is
set in stone until the contract is signed.
You Can’t Always Get What You Want
While there are clearly some factors that are non-negotiable,
others can be surprisingly flexible. How you broach the subject is
critical. Taking a bull-headed approach to “winning” your concessions
is likely to fail. If you make a legitimate attempt to meet somewhere
in the middle, you may find yourself with significantly more bargaining
power. Recognize if you have specific parameters that are just too
important to you to concede, and realize that at some point you must be
willing to walk away from offers that cross these boundaries.
Sacrifices that significantly affect your quality of life will not make
you a productive hematologist. Consider the impact your decision will
have on your significant other and family, and involve them in the
decision-making process.
Final Thoughts
Job hunting can be a whirlwind experience. It can be extremely easy
to get wrapped up in individual details, while overlooking perhaps the
most critical aspects of your new opportunity. For most of you, this
will be the first significant employment contract that you sign. Take a
moment and seek the advice of former fellows and attendings, and
consider hiring a professional who is familiar with medical contract
law.1
1. Terry K. Look out for employment contract snags. Med Econ. 2008;85:30, 32-34, 38.
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