Contract questions

[adkhiker92]

Hello everyone, I am a graduating PA about to start my first job in EM and Trauma. I have accepted an offer but have yet to sign the contract. Upon my initial offer letter, they sent me a sample contract. Having multiple eyes run through it, including someone who was a former physician recruiter, some concerns were raised. The verbatim contract line of issue will be below this. The issue was primarily that Base Salary could be increased OR DECREASED based on many factors such as productivity, admin policy, and hospital financial performance. I directed these questions to my recruiter who then had the Director of EM and Trauma call me and discuss these concerns. In our conversation, it was stated that "Base Salary for EM and Trauma employees will NEVER be DECREASED based on any of the above items, the only thing that is affected by those factors are incentives, which in itself, will rarely be decreased. Essentially it will never serve as a 'punishment', only incentive to be an effective employee. Also anything I stated in your offer letter pretty much trumps the contract in that sense." The mistake I made was having only verbal confirmation here and do not have it in writing anywhere and I have not gotten an answer back via email about that. Even after the phone conversation the contract still reads the same and if it's not in writing it didn't happen.

Should I send the contract back with an addendum stating the preferred changes based on phone conversation or how should I go about handling this?

Contract Line Of Concern:

"Adjustments to Base Salary, if any, will be determined at X's sole discretion; however, your initial Base Salary will not be reduced until after two years of employment. Beginning with the third year of employment and at X's sole and absolute discretion, Base Salary may be increased or decreased during your employment. When considering adjustments to Base Salary, X may consider a number of factors including, but not limited to, the results of your performance reviews, productivity, X's salary administration policy, and X's financial performance. Any Base Salary adjustment made as the result of an annual performance review will be effective on the date specified by X. Nothing in this paragraph limits X's discretion to make adjustments to Base Salary at a time other than in connection with an annual performance review, with such adjustments taking effect immediately"

[MediMike]

Yeah that's a bit contradictory huh? I'd keep at HR/Recruiter to get the wording changed in the contract. Or an addendum signed by the medical director.

Or ask around and see if it's ever happened. Quite a few contracts leave armageddon type clauses like that in them, not saying it's right or "safe" but these organizations look out for their own financial health first, even if that means leaving an asinine line like that in their contract.

Also comes down to, if you are really worried about this being a possibility would this be a group you actually want to work with? And how far are you willing to fight it? 

Mix of you advocate and devil's advocate there but it's a tough spot of they aren't receptive to changing the contract

[adkhiker92]

I'm not particularly worried that they might try to do me wrong. I have a family member of my significant other that has worked for this organization for years and speaks highly of the organization. The organization is also highly spoken about otherwise. I am actually very excited to work for them. Moreover, I want to protect myself first. I do have an email of PA who currently works for them that started last year, might be worth asking her?

As you mentioned, I was thinking of composing an addendum and sending it along to the recruiter to see if the change can be made. This is probably my best option and see what happens. Worst they can say is no right?

[ohiovolffemtp]

One tactic I saw used repeatedly by a major national EM staffing company I used to work for was to send people an addendum to their contract along with a letter saying that if the addendum wasn't signed by a given date, the person would be taken off the schedule, i.e. go unpaid.