Ask any physician:
- What are the goals of the medical profession?
- How important is trust among doctors?
No doubt, their response would be: “The prevention of disease, relief of suffering, care of the ill and avoidance of premature death. These goals are attainable only when there is a high level of trust among physicians.”
Unlike the legal profession — where trust is not a given among peers — doctors trust one another for the benefit of their patients. That said, there is a time when trust should have no role in a critical decision a physician must reach — even when dealing with another doctor — and that is when they are handed an employment contract and asked to sign it.
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
In my over 40 years of law practice, I have seen the results of misplaced trust by physicians in our age of corporate medicine and, especially, where physicians become CEOs of HMOs and act more like lawyers. I have seen some become more like Dr.-Jekyll-and-Mr.-Hydes than caring physicians.
He's not hanging up his stethoscope
But there is one more issue that is central to today’s story and has a real impact on the delivery of health care services. It is a fact that many older physicians are hesitant to retire and do not want to hang up their stethoscopes. They know that retirement is often dangerous to one’s health. They want to work fewer hours, not “take call” at three in the morning and be able to just slow down while still treating patients.
Larry is one of them.
82 and still at the office
“Dennis, I am board certified in both general surgery and urology and have practiced for well over 50 years in my agricultural community that is recognized as being short of physicians. I want to slow down and, for the past year, worked out an agreement with our HR manager, which means that:
- I work three days a week
- I am no longer doing general surgery, just practicing urology
- I do not have to ‘take call’
- My malpractice insurance is paid for, including coverage for when I leave the organization
“Everything was fine until the HR manager left due to a family emergency and was replaced with someone far less accommodating. She immediately handed out new contracts to everyone and asked me to sign it that day. I politely said that I wanted to review it with my family and would get right back to her next week. She agreed.
“This contract lacks the things that her predecessor agreed to. Dennis, I am a very non-confrontational person and do not want a fight. What should I do?”
Don't assume the worst or allow yourself to be bullied
So, how do you deal with important contractual issues that are not addressed and avoid getting into an ugly situation? I set up a conference call with Larry and two of my colleagues who specialize in advising physicians in employment disputes. They recommended three things:
1. Can Larry get a job at another facility on his terms? Before even speaking with the HR manager at his current facility, he should reach out to another one, be upfront and ask them if he could work there if things fall apart with his present employer. This is his plan B.
2. Larry shouldn’t assume this new HR manager is acting in bad faith, my colleagues cautioned: “Was she even aware of the earlier agreement?” Even if their agreement was not put in writing, his work schedule, pay records and no evidence of taking call are convincing proof of their terms.
3. If talking with the HR manager fails, Larry can refer to a higher authority. If he is told, “No, we can’t do this,” then his response could be, “My wife and kids have grown accustomed to me working less. I love working here, but just can’t do this to them. Why don’t you discuss this with the CEO, as I am pretty sure he does not want to lose me. And I want to continue calling this my second home.”
Establish an attorney-client relationship
While there are other issues here — possible age discrimination, for example — Larry’s situation is a good example of why physicians, especially young docs out of residency, need to establish a solid relationship with both a lawyer and a CPA who understand the employment challenges facing them and never hesitate to ask for their advice, which is just what they would tell their patients.
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
related content
- Over 50? You’re a Hot Ticket in Today’s Labor Market
- Charitable Giving at Work: Why Pressuring Employees Can Backfire
- What 89% of Workers Are Willing to Give Up Their Job For
- Can an Employer Fire an Employee for Not Wearing Glasses?
- How to Deal With Employees Who Stink (Literally)
-
Investing Abroad Could Pay Off — Here's HowCountries overseas are stimulating their economies, and their stocks are compelling bargains.
-
Retire in Belize for Stunning Natural Beauty and CultureBelize offers miles of protected land and ocean, a rich mix of cultures and a chill lifestyle. Best yet — the income requirement is just $2K per month.
-
Your Home + Your IRA = Your Long-Term Care SolutionIf you're worried that long-term care costs will drain your retirement savings, consider a personalized retirement plan that could solve your problem.
-
I'm a Financial Planner: Retirees Should Never Do These Four Things in a RecessionRecessions are scary business, especially for retirees. They can scare even the most prepared folks into making bad moves — like these.
-
A Retirement Planner's Advice for Taking the Guesswork Out of Income PlanningOnce you've saved for retirement, you'll need your nest egg to support you for as many as 30 years. For that, you need a clear income strategy, not guesswork.
-
Why Smart Retirees Are Ditching Traditional Financial PlansFinancial plans based purely on growth, like the 60/40 portfolio, are built for a different era. Today’s retirees need plans based on real-life risks and goals and that feature these four elements.
-
To My Small Business: Well, I've Been Afraid of Changin', 'Cause I've Built My Life Around YouWhile thinking about succession planning might feel like anticipating a landslide (here's to you, Fleetwood Mac), there are strategies you can implement to manage the uncertainty and the transition.
-
These Are the Key Tariff Issues to Watch in Coming MonthsWhile they're not dominating headlines right now, tariffs are not over. Some key dates are coming up fast that could upend markets all over again.
-
Technology Unleashes the Power of Year-Round Tax-Loss HarvestingTech advancements have made it possible to continuously monitor and rebalance portfolios, allowing for harvesting losses throughout the year rather than just once a year.
-
The Fiduciary Firewall: An Expert's Five-Step Guide to Honest Financial PlanningArmed with education and awareness, you can avoid unethical people in the financial industry by seeking fee-only fiduciaries and sharing your knowledge with others.
