Common Provisions in Employment Contracts for Physicians in Florida

Florida is an at-will employment state. The relationship between an employer and employee is presumed to be fully voluntary. It can be ended by either party at any time, but for an illegal reason. With that being said, parties have the right to enter an employment contract. Many doctors in Florida work under employment agreements. In this article, you will find an overview of the most common provisions in employment contracts for physicians in Florida. 

Common Provisions to Look for in an Employment Contract for a Physician in Florida 

Compensation Packages (including Benefits) 

As a starting point, every physician employment contract should clearly define how the doctor will be paid. Notably, compensation may include a base salary, productivity bonuses, or revenue-based incentives tied to relative value units (RVUs). The agreement should also specify fringe benefits such as health insurance, retirement contributions, paid time off, and continuing medical education allowances. Ambiguous language about “discretionary” bonuses or “as determined by the employer” clauses can lead to conflict. A clear contract is a must.

Employment Term and Termination Provisions

A physician contract typically sets out an initial term, renewal process, and termination conditions. Even though Florida is at-will, these agreements often create specific grounds for termination with or without cause. “With cause” clauses may include loss of license, misconduct, or breach of duties. “Without cause” termination usually requires advance written notice.

Non-Compete Agreement and Other Restrictive Covenants

Florida has one of the most employer friendly laws for non-compete agreements in the entire country. Non-compete clauses are among the most controversial provisions in physician contracts. Under Section 542.335 of the Florida Statutes, restrictive covenants are enforceable if they protect legitimate business interests and are reasonable in scope and duration.

Call Coverage and Workload Expectations

Next, an employment agreement for a physician will often specify his or her clinical responsibilities, patient load, and on-call schedule. It matters because ambiguous or open-ended call requirements are a major source of burnout. A well-drafted agreement will quantify call frequency, provide compensation for extra shifts, and clarify coverage obligations during holidays or other busy times.

Medical Malpractice Insurance

Every physician in Florida should be covered by adequate medical malpractice liability insurance. As a doctor preparing to sign an employment agreement, you need to know what malpractice coverage applies during and after employment. If the employer offers claims-made coverage, the physician might need to purchase “tail coverage” after leaving the position. 

Dispute Resolution Clause 

Finally, many contracts include arbitration or mediation clauses. These determine where and how any disputes will be resolved. The reality is that disputes between an employer and a physician can arise even with a well-written agreement. A dispute resolution clause can help move a conflict towards a resolution.

Get Help From a Florida Employment Lawyer for Physicians Today

Many physicians in Florida work under a contract. If you are negotiating an employment contract as a doctor, it is crucial that you have an agreement that protects your rights and your interests. An experienced Florida employment attorney can help.