Orthotown September 2022 - 16

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Harsh Termination Clause
A doc runs into a tricky bit of language in a contract and Townies weigh its potential consequences
charlestonbraces
Member Since: 06/05/09
Post: 1 of 19
I am contemplating starting as an associate with a GP practice that is just instituting ortho
into the practice (as well as OMFS and pedo). It will be two to four per month and he is offering
40% of collections minus insurance chargebacks as well as 40% of ortho supplies/lab.
However, he wants the termination clause to be such that I must stay and fi nish all patients
started. Of course, he could terminate me without cause in 10 or 30 days, I forget which ridiculous
clause he inserted.
I understand that he cannot fi nish the patients, but I would think one understands that any
business venture is a risk. Ortho is a special beast. If he treats me well, he would not need to worry
about termination. But then again, this is why we have contracts-because things often don't
work out. Most contracts I have signed are 60 or 90 days. I had one offered that was six months
for me, 30 days for them. LOL, that got changed to 90/90.
Of course, I would terminate patients in accordance with state law/ethics, which would be at
least 30 days with the standard language of emergencies/debond at no charge. I would actually
do 60 or even 90. For my last job, no notice was required, but I gave them 60 days voluntarily.
I don't need this job (unless I want to retire one day ... LOL). We get along fi ne at a two-dayBrbraces
Member
Since: 02/16/16
Post: 2 of 19
per-week associate gig at a pedo offi ce I've been with for 2.5 years. Am I being too cautious? ■
I don't think you're being too cautious. I would not take the job-it's too one-sided in the
6/21/2022
owner's favor. If the owner's getting into the business of employing orthodontists, he should be
prepared to manage the risks involved. What to do when an employee orthodontist leaves is one
of them. Requiring a fair and reasonable time for you to stay on (60-90 days) while the owner
looks for your replacement is understandable. Requiring you to stay on until you fi nish your
cases is not, IMO. ■
6/22/2022
Dr-T
Member Since: 05/19/09
Post: 3 of 19
Collections will be very low initially, so my assumption is once collections get high they will
terminate the contract. You would be better served to receive a daily rate initially with a lower
collections income. Something like $600-1,000/day plus 20%-25% collections. ■
6/22/2022
socoortho
Member Since: 03/21/08
Post: 4 of 19
Unless this GP is a managerial maestro, simultaneously adding orthodontics, pedodontics
and oral surgery into his offi ce is going to be a nightmare for everyone. His offer proves that he
has no idea what he is getting into. I would turn that offer down. ■
6/22/2022
ucla98
Member Since: 09/28/07
Post: 6 of 19
All the corps in CA require the associate orthos to give at least a 90-day notice, but the corps
can fi re the associate orthos at any time-even on the same day if they want to. I was cool with
this policy because I was a new grad and needed to pay student loans and support my family.
To avoid unemployment, I signed with three different corporate offi ces right after graduation.
Even when I don't have any debt right now, I am still fi ne with this policy. It's actually not
too hard for you to get out of this 90-day requirement; just do the minimal work (as long as
16 SEPTEMBER 2022 // orthotown.com

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