Leaving a physician job can raise contractual issues that extend beyond giving notice and starting somewhere new. Your employment agreement may contain restrictions and obligations that continue after your employment ends.
Before you resign, you should know what your contract requires and whether anything in the agreement could affect where you work, who you can contact, or how you transition your patients.
Jackson LLP provides physician contract review services for physicians who are considering leaving an employer. We review your existing agreement and explain the provisions that may affect your plans, including restrictive covenants, notice requirements, repayment obligations, and other post-employment restrictions.
We offer a complimentary 15-minute consultation to discuss your situation and determine what type of review you need. Book your consultation with our team today.
What Does a Physician Contract Review Before Leaving Cover?
When you are considering leaving a job, the most important question is often what the contract requires of you now. Can you leave your job without significant financial or logistical consequences? Our attorneys can review the agreement with your planned departure in mind.
Depending on your circumstances, that may include:
Restrictive Covenants
Your contract may contain a non-compete, non-solicitation, or non-disclosure provision, or another restriction that affects what you can do after leaving.
We review these provisions, explain what they appear to restrict, and evaluate them under the law applicable to your situation. The analysis can include the restriction’s duration, geographic scope, covered activities, and the people or relationships the provision covers.
Notice and Termination Requirements
Your contract may require a specific notice period before you leave. It may also distinguish between different types of termination or impose different requirements depending on how the employment relationship ends.
We explain any notice provisions and other termination terms, so you understand your contractual obligations before you give notice.
Post-Employment Obligations
Some contracts impose obligations that continue after employment ends. These may address confidentiality, patient records, return of property, continuing insurance obligations, repayment of certain compensation, or other matters.
We identify provisions that may require action before or after your departure and explain what they mean for your plans.
Patient and Practice-Related Restrictions
Leaving a healthcare practice can raise issues that do not arise in an ordinary employment relationship. Your agreement may address patient communications, solicitation, records, referrals, staff, or other relationships connected to the practice.
We review these provisions alongside the rest of the agreement so you understand the contractual restrictions that may apply as you transition away from the practice.
Potential Financial Obligations
Your agreement may require you to repay certain amounts if you leave under specified circumstances. Depending on the contract, this could include relocation assistance, signing bonuses, educational expenses, or other compensation.
We analyze any repayment provisions and other financial obligations that may become relevant when you leave.
Can You Leave Your Job If You Signed a Non-Compete?
Signing a non-compete does not necessarily answer every question about what you can do next. The enforceability and scope of a restrictive covenant depend on the applicable law, the language of the agreement, and the circumstances surrounding the employment relationship. The same is true of non-solicitation provisions and other restrictive covenants.
For a physician considering a new position or opening a practice, the practical question is often more specific: Can I take this opportunity without violating my existing agreement?
That may require a close look at where you intend to work, what services you will provide, when you plan to leave, and exactly what your contract prohibits. State law also matters. Jackson LLP represents physicians in Illinois, New York, California, Texas, and Wisconsin, where the rules affecting restrictive covenants can differ significantly.
Our attorneys review your agreement in the context of your specific circumstances rather than assuming that a restriction is enforceable or unenforceable based solely on its label.
When Should You Have Your Contract Reviewed?
If you already know that you want to leave, reviewing your contract before announcing your decision can clarify the restrictions and obligations you may face. It also lets you weigh your options before you commit to a new employer or practice.
A review can be particularly important if:
- You have received an offer from another practice or health system
- You are considering opening your own practice
- Your new position would be near your current practice
- Your contract contains a non-compete or non-solicitation provision
- You are unsure how much notice you must provide
- You may owe money back to your current employer
- Your employer has told you that you cannot work for a particular practice
- You have already given notice and your employer is asserting contractual restrictions
If you have already received a demand from your employer or are facing a dispute over your departure, the appropriate legal service may be different from a routine contract review. During your consultation, we can discuss the circumstances and determine what type of representation may be appropriate.
What You Can Expect From a Physician Contract Review
We start with a complimentary 15-minute consultation to learn why you are considering leaving, what you plan to do next, and what concerns you have about your existing agreement.
We then review the relevant contract provisions and provide a written summary of the terms that may affect your departure. Depending on the circumstances, we may also identify questions to address before you give notice or explain which provisions may warrant further legal attention.
Our goal is for you to understand what each provision says, what it may mean for your plans, and what questions to address before you move forward.
If you are considering negotiating with your employer, we can also advise you on which provisions may be negotiable and how to approach those discussions effectively.
Review Your Physician Contract Before You Leave
If you are thinking about leaving your physician job, do not wait until after you give notice to find out what your contract requires. A physician contract review can clarify your obligations and potential restrictions before you make your next move.
Jackson LLP provides physician contract reviews for physicians considering a job change, a move to another practice, or the transition to independent practice. Schedule a complimentary 15-minute consultation to discuss your situation. Free Attorney Consultation
Frequently Asked Questions
Should I have my physician contract reviewed before giving notice?
Yes. Reviewing your agreement before giving notice can clarify notice requirements, restrictive covenants, repayment obligations, and other provisions that may affect your departure.
Can a physician leave a job with a non-compete?
It depends on the contract and applicable state law. A physician should have the specific restriction reviewed before assuming that a non-compete is enforceable or unenforceable.
What is the difference between a non-compete and a non-solicit?
A non-compete generally restricts where or how you can work after leaving. A non-solicitation provision may restrict contacting or soliciting certain patients, employees, or other relationships connected to your former employer.
Can my employer require me to give notice before I leave?
Your contract may require advance notice, and the required notice period can depend on the agreement’s termination provisions. An attorney can review your contract and identify the applicable requirements.
What if my employer says I cannot work for my new practice?
Do not assume that your employer’s position is the final answer. Have your existing agreement reviewed to determine what it prohibits and whether the restriction is enforceable under applicable law.
Can you review my contract if I have already given notice?
Yes. We can review an existing agreement after you have given notice and identify provisions that may affect your departure and next position. If your employer is already threatening legal action or asserting a breach, we can discuss whether you need a different type of legal representation.
Related Resources
Learn about notice requirements, restrictive covenants, patient considerations, and other issues when leaving a practice.
Understand how non-solicitation restrictions can intersect with patient transition and abandonment concerns when a physician leaves.
Learn why employers may still negotiate certain contract terms and which restrictions may warrant closer attention.