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ALWAYS READ YOUR CONTRACT


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Some of you may have seen a previous thread that I posted about a new grad orthopedic position.  I wanted to give an update as I believe some others can learn from this, but thought it best to start a new thread as the lesson is more than just the actual job.

 

So, for those who didn't see, it was an orthopedic position working with a total joint replacement surgeon in MI.  The surgeon is very high volume, and currently has 1 PA.  Her hours currently are always ~55/week, and neither of them have an open appointment for 3+ months.  As a result he wanted to hire a second PA to help fix the patient wait times and decrease her hours.

 

You can review the other thread for initial numbers, but it changed some as we talked.  The job as discussed verbally was set at 48 hours over 4 days.  $80K salary + 10% bonus estimated at $30k+, $40k in loan repayment paid over 4 years with the possibility of extending this to the life of the loan, 4 weeks PTO, $2500 CME, all licenses/credentialing covered, etc.  The job did not include any night/weekend call or weekend hospital rounding.

 

While the job was not perfect in many regards and I had doubts about balancing life and work ( especially when I know this surgeon struggles to keep employee hours to the agreed upon numbers) I verbally accepted the job.

 

Over a month later I finally received the contract to sign, which was completely different than the "sample contract" he had sent me earlier to review.  On top of this, the contract was no where close to what we had discussed.

 

- $80k salary + bonus estimated at $12k, NO LOAN REPAYMENT, 2 weeks PTO, $1500 CME with no CME time, everything else the same.  On top of these changes he also added night call 2x weekly, and weekend rounding every 3 weeks - there was no stipend for call/rounding.

 

The bottom line, this surgeon and his wife are actually family friends who went to college with my parents and we have known them for decades.  When I asked about the changes the response was, "This is the job, take it or leave it."  Obviously I left it.

 

Lessons:

 

1. It doesn't matter who it is, always read the contract in it's entirety because it would have been very easy to miss the deletion of loan repayment and the addition of call/rounding, and the other issues probably could have been ironed out with me losing BIG TIME.

 

2. Always get things in writing.  After talking, I always requested the surgeon email me specific things we had discussed changing like PTO, loan repayment, etc.  Of course this didn't make a difference when I forwarded those emails back to him, but it helped me make a very confident decision when needed.

 

3. Be very careful entering into business decisions with family and/or family friends.  It can be wonderful, but it can also be nasty.  Because of all the documentation I have it became much easier to explain what happened to my parents when I walked away from this job.  I don't have to explain to them, but this has unfortunately probably severed a decades old relationship between my parents and this surgeon and his wife.

 

 

The good news: I already have three other strong job offers!  So, I'll probably be asking for some more advice in the near future as I learn more.

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Very well done

 

Yes, there is always people out there that are going to try to take advantage of you - this is true in life

 

It is especially true with some PA positions as some Doc's and HR departments still think of us as only an "assistant" to help the doc (unimportant employee) and others are even worse with the actual thought of taking advantage of use for increased revenue.....

 

Contract are your word and can be legally enforced. Use them to our defense and protection and if they are not what you are looking for simply refuse to sign, or line out and initial and then sign (keeping copy of the entire thing showing the line out).

 

Well done and thanks for posting

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I'd like to add a few points to this post.  

 

I agree with everything shared at this point.  

 

However, this is not to say that there are not people out there whose word IS their bond and that you can trust that they honor their commitments.  I've enjoyed many professional relationships on that basis of mutual respect.  

 

Regardless, get the contract.  Get the key details of your agreement IN WRITING.  It's not that you can never trust someone, it's that even in the best of circumstances, there can misunderstandings, different interpretations, and therefore, practical details that need to be worked out to a mutual agreement.   More importantly, time and circumstances can change (acquisitions, mergers, restructuring, personnel changes, etc.), and in those cases, when the person you made your agreement with is no longer the decision-maker, that contract can make all the difference in protecting your interests.  It should never be insulting or a sign of distrust to get the agreement in writing.  I think I've heard it said that a common language is sometimes a bigger barrier than when you KNOW you aren't conversant in one!  Asking for everything key (or confusing, or complicated) can merely be taking personal responsibility for your own listening / communicating skills - a simple "Can we spell this out in the contract (or Letter of Understanding or Offer of Employment or whatever) so I can make sure I'm not misunderstanding what's expected of me?" shows personal responsibility for fulling your obligation / expectations, not mistrust.  

 

Also, contracts can be modified / amended at any point by mutual agreement.  So, again, if it's time for a change that is a specific part of the existing agreement - work environment, work hours, compensation basis, other benefits, etc. - don't forget to revise the contract!  My preference is to make sure the original agreement provides a mechanism for modification or amendment (i.e., doesn't include the language that indicates that the contract constitutes the entire agreement).  

 

Do find good legal counsel with some expertise in contracts of this sort.  Use them ... as your COUNSEL.  Hopefully you don't have to use them as representation, but if they are at least aware of your contract and how and when it came to be, it does help if it ever comes to that.  Regardless, YOU need to read and at least understand the basics of ANYTHING that you sign, including exhibits, appendices, and any references to other documents (policy documents, handbooks, etc.).  But your legal counsel can and should advise you on the language that is appropriate for your state.  Your expertise is medical; use their legal expertise!  (side note:  get a financial advisor too, unless that's a hobby, but that's a different thread!)

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