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Termination clause:
This component of the employment contract is often the final area addressed. It generally consists of a list of conditions that are bases for termination of the contract. These provisions are defined as "with cause" or "without cause."
- Termination with cause - usually includes events such as a felony conviction, loss of licensure, gross negligence, etc.
- Termination without cause - is more controversial and implies that the employer may terminate the employee at any time, for any reason, after a defined amount of notice, usually 30-60 days.
- Carolyn Buppert, CRNP, JD offers further discussion on this topic. See the article:
Buppert, Carolyn. "Employment Agreements: Clauses That Can Change an NP's Life." The Nurse Practitioner 22(8) (August 1997): 108-109, 112, 117-119.
Restrictive covenant clause:
- Another issue associated with changing employment relates to an organization's desire to protect its patient base. The restrictive covenant clause is a legally enforceable condition whereby the employee agrees to refrain from practicing within a
predetermined number of miles from the employers business for a specified period after the employee leaves the employer's business.
- Carolyn Buppert provides discussion regarding this issue in the previously referenced article:
Buppert, Carolyn. "Employment Agreements: Clauses That Can Change an NP's Life." The Nurse Practitioner 22(8) (August 1997): 108-109, 112, 117-119.
- Such clauses, while new to the APN, have been a common component of physician contracts. As popularity and utilization of the APN increases, restrictive covenant clauses are likely to become a more common part of APN employment contracts.
Good luck with the negotiations! |