Backing out of signed employment contract

[psychiatree]

May be having a change of heart 4 months later and I don't see it it in the contract far but if I signed an employee contract through a big hospital system would I be able to back out without any legal repercussion? Recruiters used were internal through the hospital system. No sign on bonuses received until first paycheck.

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[Sushirolls]

With no money paid...
No moving allowances paid...
Easy to leave.
But your post isn't fully clear.
Have you started this job yet? or does it start in 4 months?

I've known some one who started an employed hospital job, worked one day, then quit saying wasn't what they signed up for. Not locums, but employed.

 

[nexus73]

I like this article

Can a Physician Back Out After Signing an Employment Contract?

Attorney Robert Chelle discusses Can a Physician Back Out After Signing an Employment Contract? results oriented phsyician contract review.

www.chellelaw.com

 

[Merovinge]

I like this article

Can a Physician Back Out After Signing an Employment Contract?

Attorney Robert Chelle discusses Can a Physician Back Out After Signing an Employment Contract? results oriented phsyician contract review.

www.chellelaw.com

Reasonable but the part about places not wanting to get into lawsuits with doctors has not been my experience. I know of multiple healthcare systems who openly want every doctor to know they can and will and are suing doctors for anything/everything resembling a breach of contract. Cannot tell you how many lawsuits I know of between doctors and healthcare organizations in my state. YMMV of course based on the organization and location.

 

[comp1]

I mean we can't see your contract. Some places you can leave any time, no issue, like the VA or most state agencies. At most, you'll have to pay back a sign on bonus, but at the VA, even that is prorated.

 

[nexus73]

Reasonable but the part about places not wanting to get into lawsuits with doctors has not been my experience. I know of multiple healthcare systems who openly want every doctor to know they can and will and are suing doctors for anything/everything resembling a breach of contract. Cannot tell you how many lawsuits I know of between doctors and healthcare organizations in my state. YMMV of course based on the organization and location.

That's interesting. Maybe if you have in-house counsel and can have someone on salary easily go after a doctor it's financially worth it?

The OP's scenario seems like something well worth paying a lawyer for an hour or two of time to review the contract exit options and proceed accordingly.

I assume that a without cause termination option is included in the contract and giving the required 60-90-120 days would shield you from liability, and assuming you have 4 months before starting, you could give that notice and not have to report for work. That being said, I assume many employers would not necessarily even require the notice, even if you technically would have to report for some amount of time before the end of the without cause termination period. Who would want a doctor to show up to start work to satisfy a 17 day obligation?

 

[Merovinge]

That's interesting. Maybe if you have in-house counsel and can have someone on salary easily go after a doctor it's financially worth it?

The OP's scenario seems like something well worth paying a lawyer for an hour or two of time to review the contract exit options and proceed accordingly.

I assume that a without cause termination option is included in the contract and giving the required 60-90-120 days would shield you from liability, and assuming you have 4 months before starting, you could give that notice and not have to report for work. That being said, I assume many employers would not necessarily even require the notice, even if you technically would have to report for some amount of time before the end of the without cause termination period. Who would want a doctor to show up to start work to satisfy a 17 day obligation?

I think the point is to make sure you know who is calling the shots/signing the checks. It's part of the ethos of making sure you understand that as an MD you are an employee/cog and not critical to ongoing operations. I am pretty sure they end up losing money in the short term on these lawsuits and justify it as part of the business strategy (the most common lawsuits I am aware of have been on non-competes).

Absolutely can without cause terminate the contract and then would have to see if they are going to force you to come in and start, I agree if there is significant notice most would just move in. Of course this is why it is critical to review the contract and know what you are signing before you sign it.

 

[Sushirolls]

If OP hasn't yet started... and not had any patient care... there is no 30 day minimum patient care responsibility. Odds are high, could simply send a letter saying, not going to start, no interest in employment, and walk away.

 

[psychiatree]

If OP hasn't yet started... and not had any patient care... there is no 30 day minimum patient care responsibility. Odds are high, could simply send a letter saying, not going to start, no interest in employment, and walk away.

Yep did not start. Signed employment contract with not a single penny received. Start date is for July.

 

[littlefred]

Yep did not start. Signed employment contract with not a single penny received. Start date is for July.

They might have already start the credentialing process and obtained medical board license, DEA registration etc. So I would consider that as per the article linked above.

 

[splik]

Yep did not start. Signed employment contract with not a single penny received. Start date is for July.

hopefully you have a good reason for this or make one up. If you really don't want to go ahead with this, tell them NOW. The later you leave it the more difficult it will be. It is not uncommon for this situation to occur. Most hospital systems are not going to litigate because it is not a good look, its not worth it, and they don't want people who don't want to work there (usually). Professionally, it is not ideal as you may burn your bridges but you must consider what is best for you.

 

[Merovinge]

Yep did not start. Signed employment contract with not a single penny received. Start date is for July.

Well then you are absolutely fine, almost every contract has a no-fault way to end the contract after 60-120 days. I agree that if you have some good sounding excuse it will go better, but this is almost certainly not going to be a problem.

 

[whopper]

How can one of us answer if there's no contract or it's contents being provided to us?

 

[Sushirolls]

They might have already start the credentialing process and obtained medical board license, DEA registration etc. So I would consider that as per the article linked above.

That's easy to reimburse for those 2 things if they even make a stink about it.

But my past experiences with Big Box shops, they've told me to be the one to get the license and get the DEA done. And then submit my out of pocket expenses to them for reimbursement after employment starts.

If OP wants a real answer, get a lawyer and hash it out with a lawyer. But extrapolating what I know, send them an email, not interested, backing out, thanks/well wishes, etc.