“Medical Practice Divorce” What To Do (And Not To Do) When You Are Terminated Abruptly By Your Employer

We frequently provide legal counsel to physicians and other healthcare practitioners when their employment has been terminated or is about to be terminated.

Unless the practitioner has an employment contract with the employer which clearly sets forth the circumstances under which employment may be terminated, terminations can generally be for any reason that is not illegal (e.g. illegal discrimination based upon membership in a protected class such as race, sex, religion, etc. or because the practitioner was a “whistleblower”).

A termination from employment does not have to be because the practitioner has done something medically wrong. In fact, it is rarely about that. Most of the time, terminations occur because a practitioner is a “bad fit” for the employer, a determination which is made, like it or not, unilaterally by the employer.  These terminations are characterized as “termination without cause,” legally meaning “for any reason or no reason,” but they occur because there is just a “bad fit.” As an example, an employer may not like how a practitioner speaks to patients or other practitioners (or both). If that is not corrected in the eyes of the employer, the practitioner may be terminated for cause (doing something wrong), but employers often use the “without cause” termination provision instead to avoid legal hassles and to prevent ruining the practitioner’s career.

If you are terminated, regardless of the reason, it is very important to seek legal consultation. You will need to take the necessary legal steps to protect your career and reputation. You will likely need to consider a settlement agreement, release of liability and issues including pay, benefits pay out, malpractice tail coverage, noncompete provisions, reference letters, medical staff privileges and more.

Walking away from a job without an agreed upon and executed separation agreement is NOT recommended because you will not have a documented understanding of what to expect and you will have nothing to enforce. Legal skills and experience with this type of matter are necessary to navigate this situation just as having an acute illness needs to be treated by a trained healthcare practitioner.

Being terminated from a job is tough emotionally and dealing with legal issues on top of that is stressful. Following are some suggestions to help you should you find yourself terminated:

• Do not ruminate about how you have been unfairly treated. Instead, focus on moving forward and securing your next job position.
• Do not think that because your last job was a poor fit that they will all be that way. Instead, look for a work culture that is a better fit for your skills and personality.
• Do not be tone deaf. If you have been told that you “don’t get along well with others” but you do not see your own role in this, consider executive coaching. Tuning In To Your Own Behavior: Are You Tone-Deaf?
• Do not expect the legal necessities to be completed overnight. Instead, let your attorney guide you and aim for a Separation Agreement that is in your best interest but keep moving on.
• Do not think that being terminated makes you a loser and defines you or makes you unemployable. Instead, think that in the not-too-distant future (usually about one year) you will look back on what you will later call a “character building experience.” You might even say, “Why didn’t I leave sooner?”
• Do not be a George Costanza and burn your bridges no matter how tempting. Instead, stay professional and courteous throughout the separation process and after. You do not know when you will need to reconnect.
• Do not sit around reliving the angst. Instead, do something constructive—what have you been putting off that will make you feel better? Give Me a Minute to Think: The Value of a Month Off
• Do not be unrealistic about expectations and expect an economic windfall from your employer. Instead, recognize that often the leverage is on the side of the employer and aim to negotiate and resolve the issues that are most important to you.

Last but not least, always have your employment agreement reviewed by an attorney BEFORE YOU SIGN. I Did Not Have My Contract Reviewed By An Attorney Before I Signed It. Now I Need To Pull A Rabbit Out Of My Hat!

For further information contact us.