QUARTERLY BEAT / JULY 2024
8. TERMINATION Does the contract have a specific term (e.g., “this
V. ADDITIONAL INFORMATION This is just a thumb nail sketch.
agreement will expire after one year”) or is it employment “at-will”, in which case, either party can terminate the relationship at any time, for any reason? Contracts with no term are deemed to be “at-will” in most states. If there is a term, then an employee leaving or an employer firing before the term would constitute a breach unless the contract provides otherwise. Most contracts that provide for termination before the expiration of the term require that the terminating party give advance notice (e.g., 30 days) to the other party. Such contracts usually also contain a list of situations (e.g., suspension of the associate veterinarian’s license) permitting the employer to fire the employee at any time without notice (a.k.a. termination “for cause”). Employees should make every effort to leave their employer on good terms even if they are not requesting a reference. The veterinary industry is quite small, and an employee’s reputation can easily suffer through casual conversation among colleagues. 9. OPTION TO BUY-IN Experienced associates that have their own clientele, may not wish to enter into an employment agreement with a non-compete, without also being provided with an opportunity to buy an interest in the practice after a 1-3 year “try-out” period. These often are complex provisions to negotiate depending on the amount of security the associate wants up-front and should not be undertaken without consultation with an attorney who has experience with medical practice transactions. Too often associates lock themselves into a non-compete and agree to an “option” provision that turns out to be a smoke screen. IV. LAWYER REVIEW Negotiating and drafting an employment contract can be long, painful, and complicated. It therefore makes as much sense to seek professional help in this endeavor as it does to take a pet to a qualified veterinarian when it is sick. Lawyers are expensive, of course, just as much as veterinarians. Dr. Lacroix assists veterinarians nationwide with drafting and negotiating veterinary employment contracts and can be reached at her office at 908-782-4426 or through her website at www. veterinarybusinessadvisors.com.
· For an exhaustive study, consult, Contracts, Benefits, and Practice Management for the Veterinary Profession, written by James F. Wilson, DVM, JD; Jeffery D. Nemoy, DVM, JD and Alan J. Fishman, CLU, CFP. · For what you need to know as a new veterinarian associate, look for The Veterinary Associate Survival Guide, soon to be published by AAHA.
ACKNOWLEDGEMENTS
· Declaration of Ethics: The author has adhered to the Principles of Veterinary Medical Ethics of the AVMA. · Conflict of Interest: The author has no conflicts of interest.
REFERENCES
1. Shepherd AJ, Pikel L. Employment, starting salaries, and educational indebtedness of year 2011 graduates of US veterinary medical colleges. JAVMA. 2011;239(7)953-957. 2. Shepherd AJ, Pikel L. Employment of female and male graduates of US veterinary medical colleges, 2011. JAVMA. 2011;239(8):1070-1074. 3. Wise, J. Center for Information Management. AVMA, Schaumberg, IL (Tel: 800-252-AAHA). 4. James F. Wilson et al., Contracts, Benefits, and Practice Management For the Veterinary Profession. (Priority Press Ltd., Yardley, PA: 2000) Available through AAHA publications.
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