Doctor Employment Lawyer Blog

I used to think that the word "equitable" means equal or fair. Merriam Webster would certainly have us believe that to be true. Yet, when I see variations of the word in physician employment agreements, I'm a bit wary. Especially when the word is connected to a discussion regarding call coverage.

Physicians who are required to take call know that weekends, holidays and family time in general can be eaten up by the days and hours on call. What does it mean if your agreement says that "call will be determined on an equitable basis, as determined by employer"? Equitable may mean that each physician is given an equal number of days of coverage, but your days are all the major holidays. Or, equitable may mean that new physicians get the bulk of call coverage because senior physicians have paid their dues. Or, it may mean that you are excluded from call altogether.

"Equitable" may very well mean fair, but meaning and application are not always the same. In negotiating your employment contract, the question should not be "is equitable fair?" but rather "is equitable fair to me?"

Many physicians joining a practice want the opportunity to be an owner. And, many practice groups use future ownership as a potential benefit to physician employees. However, the terms of that future ownership interest are usually vague at best.

To some extent, an open ended, to be negotiated at a later date agreement may be beneficial to everyone. But, if your main objective in joining a practice is to be an owner, ambiguity means uncertainty. Including the minimal requirements for a buy-in will prevent you from being shocked by terms down the line.