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TERMINATION Clause--mutual consent only

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  • TERMINATION Clause--mutual consent only

    Hello,
    I recently received a job offer for a neurohospitalist position, that has no 90 day out clause.
    Its a 3 year term and says termination is by mutual consent only.
    I have never heard of such a thing--
    Has someone come across such a clause in their contracts.

    thank you

  • #2
    No. Send it back and ask them to change it to either them or you can leave at 90 days which is typical.

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    • #3
      I have asked them for that, but they seem somewhat hesitant to change it. this is a preliminary offer letter that i got with material terms of the contract.

      pros--they cant fire me for 3 years?
      cons-- i cant leave them if i want for 3 years?
      just very weird.



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      • #4
        Slight modification for cause: Cause I want to.

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        • #5
          It's like a nuclear submarine. You both have to turn your keys!

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          • #6
            Its a new program that they are starting , moving away from locums, guess they want some kind of guaranteed warm body for 3 years?

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            • #7
              You should have sections of the contract describing termination with and without cause in detail. How are you supposed to make an informed decision otherwise?

              The best way they can guarantee you stay is by giving you a huge sign on bonus that requires repayment if you leave before 3 years.

              Don't sign a term sheet without getting more information from them in writing. If they won't budge, i'd pass.

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              • #8
                What is the remedy if you quit? I haven’t seen this in any contract reviews. Strikes me as not well thought-out.
                Our passion is protecting clients and others from predatory and ignorant advisors. Fox & Co CPAs, Fox & Co Wealth Mgmt. 270-247-6087

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                • #9
                  What’s the penalty if you quit without their consent?

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                  • #10
                    That's a new one. 90 days is the typical out that can be triggered by either side.

                    My group has done a 180 day out for one hospital. It's a hospital that had churned through several groups in the past and wanted stability.

                    What are they going to do call you 24/7/365 for stroke consults at all hours? That would be a nightmare unless you had the staff to handle it.

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                    • #11
                      Originally posted by zlandar View Post
                      That's a new one. 90 days is the typical out that can be triggered by either side.

                      My group has done a 180 day out for one hospital. It's a hospital that had churned through several groups in the past and wanted stability.

                      What are they going to do call you 24/7/365 for stroke consults at all hours? That would be a nightmare unless you had the staff to handle it.
                      For a contracted group, 6 months is not unusual.

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                      • #12
                        Originally posted by braindoc View Post
                        You should have sections of the contract describing termination with and without cause in detail. How are you supposed to make an informed decision otherwise?

                        The best way they can guarantee you stay is by giving you a huge sign on bonus that requires repayment if you leave before 3 years.

                        Don't sign a term sheet without getting more information from them in writing. If they won't budge, i'd pass.
                        If you are planning to have a contract reviewed (which a “doc” should), any terms letter should be reviewed. The terms sheet, will be included in a contract. Part of the negotiation process.

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                        • #13
                          Thanks all.

                          They said they offered me the 3 year option as they liked me. 😉

                          I'm waiting to hear back from them to see more details on this mutual consent thing.

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                          • #14
                            Originally posted by PecanPie View Post
                            Thanks all.

                            They said they offered me the 3 year option as they liked me. 😉

                            I'm waiting to hear back from them to see more details on this mutual consent thing.
                            Sally would relate.
                            Our passion is protecting clients and others from predatory and ignorant advisors. Fox & Co CPAs, Fox & Co Wealth Mgmt. 270-247-6087

                            Comment


                            • #15
                              does mutual consent just mean you resign and they accept?
                              i agree the language is strange but it also would seem very odd for a hospital to fight a contract battle to get a doctor to stay on staff who wanted to quit.
                              if nothing else then the doc would be incentivized to do stuff like not do required training, refuse to report flu vaccination etc to get fired?

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