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First Job Success
From contracts and medical malpractice coverage to patient communication, documentation, and career growth, PICA is with you every step of the way.
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From contracts and medical malpractice coverage to patient communication, documentation, and career growth, PICA is with you every step of the way.
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Your First Contract: Anatomy of Negotiation
Signing your first employment contract can be overwhelming. Attorney Wil Vancol walks new podiatrists through what to look for, what questions to ask, and common contract clauses that can impact your career and financial future. Learn practical tips to negotiate effectively and avoid costly mistakes.
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Contract Essentials
A non-compete clause is a contractual provision that limits where and how you can practice after leaving an employers.
3 Core Elements
Every non-compete has three defining parameters you need evaluate:
1. Geographic Scope. This defines the area where you're restricted. This could be a radius (miles from the practice, etc.), specific zip codes, or an entire county or metro area.
2. Duration. How long the restriction lasts after you leave. One to two years is common. Anything beyond two years starts to look aggressive and may be harder to enforce.
3. Scope of Practice. Some clause restrict all medical practice, others are narrow and only restrict podiatry specifically.
Is my compensation fixed (salary) or productivity-based and if productivity-based, exactly how is it calculated?
How frequently will payments be made, and what conditions apply to salary adjustments for bonuses?
What does a typical week look like: patient volume, procedures, administrative responsibilities?
Whare are my call coverage obligations, including nights, weekends, and hospital trauma cases?
Does the contract specify health insurance, retirement contributions, and CME allowances?
Is there a signing bonus, relocation assistance or licensing/DEA free reimbursement?
How much paid time off is provided, and does unused PTO roll over or pay out?
1. Vague or Undefined "Additional Duties" Language
Phrases like "and other duties as assigned" or "reasonable additional responsibilities" with no further definition are a classic trap. They give the employer unlimited flexibility to add workload, change your role, or assign tasks far outside your scope — with no recourse for you. Always push to have duties specifically defined in writing.
2. An Overly Broad Non-Compete
If the non-compete covers a large geographic area (think 25+ miles), lasts longer than two years, or restricts you from practicing any medicine — not just podiatry — that's a serious red flag. An unreasonable non-compete can effectively strand you professionally if the relationship sours, especially in smaller markets like Nashville or surrounding communities where your patient base is local.
3. No Tail Coverage Commitment
If the contract uses a claims-made malpractice policy but says nothing about who pays for tail coverage when you leave, assume you'll be stuck with the bill — which can run $10,000–$30,000+. A fair contract either provides occurrence-based coverage or explicitly states the employer covers tail. Silence on this point is never in your favor.
4. Termination Without Cause — With a Short Notice Window
Many contracts allow the employer to terminate you without cause with as little as 30 days notice. That's barely enough time to find a new position, especially if a non-compete is also in play. Look for at minimum 60–90 days notice, and check whether the non-compete still applies if they end the relationship without cause — it often does, which is fundamentally unfair.
5. Productivity Compensation With No Guaranteed Base
A contract that puts your entire compensation at risk based on RVUs or collections — with no guaranteed base salary floor — is risky, especially when starting a new role. It takes time to build patient volume. If you're not hitting targets in month one through no fault of your own, you could find yourself earning far less than expected with no safety net. Always negotiate for a guaranteed base period of at least 12 months while you ramp up.
Medical Malpractice and Risk Management
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