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“No-Out” Physician Contracts: One of the Most Dangerous Clauses Physicians Miss
One of my biggest bugaboos in physician contracts is the initial period where the physician has no legal right to terminate without cause. We call these “no-out”...
The “50th Percentile” Myth: Why Physicians Should Push Past Benchmark Talk in Compensation Negotiations
If you spend enough time talking to hospital recruiters, physician executives, or compensation committees, you will eventually hear some version of this: “We are paying...
Should Hospital-Employed Physicians Consider a 0.9 FTE?
When physicians come out of training, most assume they should take a full-time job and work as much as possible right away. However, if you...
Should You Rent or Buy Right After Training? A Physician Contract Perspective
There are many personal finance considerations to consider when deciding whether to rent or buy a home right after residency or fellowship. There are also...
Pulled Offers During Physician Contract Negotiations: How Real is the Risk?
One of the most common questions we get from prospective clients and during presentations is about risk profile: “If I negotiate my contract, how likely...
The 18 Things You Must Check in Every Physician Employment Agreement
There is obviously much more to physician employment agreement analysis than a simple checklist, and I have a 9-hour course to prove it. However, if...
Shift-Based Physician Compensation: Negotiating Your Workload and Employer Obligations
Some hospitalists, emergency medicine, anesthesia, critical care, trauma ACS, many inpatient-only specialists, and other shift-based physicians in employment contracts believe they are not able to...
Why “Physician Contract Review” Is the Wrong Search. This Is What You Actually Need
Every year, thousands of physicians type “physician contract review” into Google or ChatGPT, hoping to find the right answer. But here’s the problem: a “quick”...
Negotiating Physician Work Obligations: Why Clarity is Power
One of the most common surprises our clients experience in physician employment contracts is the disconnect between what was promised in interviews and what shows...
4 Behavioral Finance Tips That Helped My Family the Most
Fresh out of training, your income jumps, but so do your decisions about what to do with it. Without a game plan, it’s easy to...
Term and Termination Clauses: The Norms and Pitfalls in Physician Contracts
Employment contracts of any kind can be complicated. The parties often must spend significant time thinking about: How long does this job need to last?...
Your First Pediatric Job After Training: A Resident-Friendly Guide to Getting Hired, Getting Paid, and Staying Free
We recently had the privilege of presenting a virtual didactics for a pediatric residency program and wanted to share the key insights here! Thank you...
Physician Noncompete Fights: When Should Physicians Consider Challenging a Restrictive Covenant?
At Michael Johnson Legal, we work closely with physicians facing employment contract negotiations and enforcement questions, including noncompete clauses. We were recently working with a...
Net of What? Net Collections Physician Compensation Models Explained
Many physician private practice employment compensation models will start off with a base salary, signing bonus, and moving stipend. However, in the long term, most...
Physician Contracts: Should You Start Licensing and Credentialing Before Signing?
So, you have a shiny new offer letter sitting in your inbox, and things are looking good so far. The employer is eager to get...
Meaningful Relief Has Come to Louisiana Physician Noncompetes!
If you’re a physician practicing in Louisiana, you know how burdensome Louisiana physician noncompete clauses can be. Historically, many employers, particularly large systems like Ochsner,...
$100,000 H-1B Filing Fees? Stay Off the Scary Headlines. Here’s What Physicians Need to Know
On the heels of a new White House proclamation, many physicians on H-1B visas are understandably alarmed by reports of a new $100,000 H-1B fee. The proclamation, which...
W-2 vs 1099 Physician Jobs: What’s the Difference?
The choice between W-2 and 1099 physician employment affects your taxes, benefits, and legal responsibilities significantly. Many physicians encounter both options without fully understanding the...
What Is Fair Compensation for a New Physician
New physician salary expectations vary dramatically across specialties, locations, and practice settings. Without clear benchmarks, residents transitioning to attending positions may struggle to evaluate whether...
What Are My Employment Options as a Physician
Here is a framework for evaluating physician contracts. The three main questions involve compensation, obligations, and leverage and exit.
How to Prepare for Compensation Discussions as a Physician
Walking into physician compensation negotiations without preparation may lead to below-market compensation. Many residents and fellows approach their first attending position without understanding market rates,...
Why Hire a Physician Contract Lawyer?
No matter the stage of their career, medical professionals choose to hire a physician contract lawyer because it offers clarity, protection, and confidence in navigating...
Don’t Get Catfished by Private Equity: Part Two
Check out our original blog on the common pitfalls of private equity opportunities: ‘Don’t Get Catfished by Private Equity’ by Michael Johnson Legal LLC. We also...
Is a Higher Physician Salary Your Goal? Here’s What Actually Drives Compensation!
It’s completely reasonable to want a higher salary as a physician, and we need to bust through the propaganda that physicians shouldn’t be thinking about...
New Texas Noncompete Law – What Senate Bill 1318 Means for You
There is no doubt that a noncompete clause is a major consideration when evaluating an employed position. With the FTC’s ban on noncompetes being blocked by...
How to Protect Your Ownership Track: Physician Contracts and Private Equity Buyouts
If you’re considering a physician-owned private practice with the promise of future equity ownership, it’s essential to plan, especially with the rise of private equity...
ChatGPT is Garbage for Physician Contract Negotiation
It is essential to understand that ChatGPT is an inadequate substitute for the expertise and insight provided by a qualified attorney specializing in physician contract...
Top 8 Questions to Consider in Orthopedic Surgery Pre-Ownership Track Employment Agreements
Orthopedic surgeons often face a critical decision as they finish training: What kind of practice setting makes the most sense for their goals and lifestyle?
Contract Disputes 101: The Parol Evidence Rule and the Overwhelming Costs of Litigation
Any physician considering an employment opportunity should strongly consider what the terms of their contract are. What are the pros? What are the cons? What...
Hospital-Employed Compensation: Here’s What to Expect
Hospital-employed physician compensation models can be confusing for first-time job seekers. From base salary to wRVU rates, signing bonuses to call pay, there’s a lot...
More Training Doesn’t Always Pay: Physician Compensation Insights for Early Career Doctors
Many early career physicians pursue subspecialty training with the assumption that it will lead to higher compensation. But the financial reality is more complicated. This...
Think Academic Contracts Aren’t Negotiable? Think Again.
One of the most common myths we encounter when advising physicians is that academic contracts aren’t negotiable. Let’s dispel this myth right now: academic contracts are...
Better Offer After Signing? The Legal Risks of Changing Your Mind
Physicians considering their first post-training employment agreement are often considering more than one opportunity. It’s common to sign a contract with one employer, only to receive a...
The Art of Physician Contract Negotiation: Knowing When to Hold Back
At Michael Johnson Legal, we believe every physician deserves clarity on the pros and cons of their employment agreements. Whether you negotiate aggressively or take...
Start Date Claims: What Are They, and How Do I Avoid Them?
Many physicians believe that once they have signed their employment contract, their job is done, and they are guaranteed an attending salary on the start...
Ongoing Support After You Sign is Vital!
The need for legal counseling doesn’t end when you sign your contract. In the first few years of employment, situations often arise that require contract...
Most Common Questions from Medical Students, Residents, and Fellows!
I recently had a wonderful physician contracts presentation opportunity with the Council of Osteopathic Student Government Presidents, a very thoughtful and motivated group of medical...
Will the FTC Noncompete Ban Survive?
As you may have heard, in April 2024, the FTC passed a rule banning noncompete agreementsfor the vast majority of employed individuals across the country. However, the...
Offer Letters and Bumble Profile Pics
The offer letter is often a brief snapshot of the most attractive aspects of the job. This is when the employer puts their best foot forward...
MGMA Data – Is It The Answer?
While MGMA can be helpful to understand general market norms for compensation, it should not be the ONLY thing you look at and might be misleading without...
Don’t Get Catfished by Private Equity
A big issue for many early career physician career opportunities in most specialties is the influx of private equity ownership in private practice. Historically, private...
How Physicians Should Evaluate Time Off
This is an assortment of ‘time off’ issues that I often find myself repeating during client meetings, so I decided to repeat them all here....
Physician Contracts: What does a “Fair Contract” look like?
Physicians want to know whether their contract is ‘fair’ but often do not know what components make up a ‘fair’ contract. Most physicians want to...
Tips on Negotiating a Physician Noncompete: 12 Options Between YES and NO
Negotiating a physician noncompete should not be a “YES OR NO” question. Here, we explore a dozen options between Yes and No that can be...
Physician Compensation: Supervision of NPs and PAs
When discussing physician compensation, including compensation related to physician obligations of supervision of non-physician practitioners (NPPs) such as nurse practitioners and physician assistants, it is...
The Physician-Employer Relationship and Learning How to Say NO!
Negotiating and enforcing your employment contract never really stops. It certainly does not stop at the time you sign your contract. Physician employers can be...
Physician Contracts: What is Negotiable?
Physicians should evaluate and negotiate Compensation, Obligations, and Leverage and Exit. Many issues are negotiable.
Physicians: How to Terminate Your Employment Contract
If you are a physician and ready to terminate your employment contract, this blog is for you. The following is a general outline of important...
Prepare for These Common Employer Arguments During Physician Contract Negotiations
It is vital for physicians negotiating employment contracts to be prepared for the most common employer negotiation tactics.
Business Defamation and Bridge the Divide v. Scarlett Johnson
If you believe your business is being defamed online, this blog post is for you. This case offers an interesting and newsworthy opportunity to explore...
Physician Contracts: 10 Issues That Are Often More Important Than MGMA Compensation Data
MGMA salary data analysis is one of the least useful stats for physician job satisfaction. It is also unlikely to be helpful during a physician...
Physician Moms and Maternity Leave
Physician moms should not be afraid of asking about maternity leave during the interview process and contract negotiations.
Do Not Download a DIY Operating Agreement!
When defending your limited liability, an arrow in your quiver can be your single-member LLC Operating Agreement (“OA”). Downloading nonsense from some free template website...
Musings on Business Divorce
Simply put, business divorce is when one or more business owners no longer want to continue with the business. The process can be nastier than...
Silent Partner Considerations
Some small businesses consider bringing on a silent partner that primarily contributes capital and advice. They do not intend to participate in daily business operations....
LLC Operating Agreements: How to Leave an LLC
You want to leave an LLC. You may be nervous about divorcing, in a business sense, from your friends and business partners. Often, LLC members...
Houston Methodist Update: Case Dismissed
Well, that was quick. I recently wrote about Bridges v. Houston Methodist, one of the first major challenges to private employer vaccine mandates. In short,...
Private Employer Vaccine Mandates and Houston Methodist
Over 100 employees at Houston Methodist Hospital in Houston, Texas, filed a lawsuit against their employer challenging its vaccine mandate. Houston Methodist’s policy is that...
Do Not Ignore That Lawsuit: Effect of Default Judgments
My hope is that all business owners will be well-aware of legal issues affecting their business and consult trusted counsel early and often. I offer...
LLC Operating Agreement: Every LLC Needs One
The first question I ask small business owners is whether they have an operating agreement. Second, I ask whether they are following it. If you...
LGBT Employment Discrimination and Small Business
In June 2020, the United States Supreme Court issued an important decision expanding employment protections for the LGBT community, and further protections are currently being...
Mid-Level Provider Malpractice
I have recently received several questions from physicians regarding the impact of mid-level provider (MLP) oversight on physician employment contracts and malpractice. Physicians have become...
Demystifying Small Business Litigation
No need to be sad! The purpose of this post is to demystify the small business litigation process by providing simple definitions and context. No...
Civil Theft in Small Business Litigation
Civil theft claims between individuals and small businesses sometimes arise because parties withhold important information about the goods or services being exchanged. A business may...
Theft by Contractor in Wisconsin
A general contractor must hold funds paid to it by the owner in trust. They must apply those funds to claims made by its subcontractors...
The Impaired Property Exclusion: What Risks Are Covered By Your CGL Policy?
I have assisted insurance companies, developers, general contractors, and subs and suppliers in evaluating the scope of insurance coverages. All are often confused in evaluating...
Physician Non-Compete: Calculating Your Economic Risk Model of Breach
I have assisted employers and employees in construction, medicine, and other fields on restrictive covenants regarding trade in employment agreements. While many restrictive trade covenants...
Business Advertising Disputes and the Wisconsin Deceptive Trade Practices Act
Advertising can be a tricky subject for small businesses. They are often trying to compete with larger, more well-established corporations with superior brand name awareness....
Physician Employment Contracts and Termination Clauses: Plan For Termination
Every physician employment contract will end. Physicians should negotiate the termination clause and plan for the eventual exit. Virtually every physician employment contract will have...
Corporate Successor Liability: When May a Purchasing Company Become Liable for Old Debts?
Many small business owners choose to operate as a corporation or a limited liability corporation. They often believe the corporate form will assist in avoiding...
Business Transactions: Letter of Intent and Litigation
In many business transactions, it is commonplace to execute a Letter of Intent (“LOI”) prior to executing a detailed and more complicated purchase agreement or...
Unjust Enrichment and Contract Disputes
Many small businesses operate on estimates and unwritten handshake agreements. We know this to be an efficient way of doing business when things go well....