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Question about dental contract.
- Thread starter I_Love_Huskies
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- Jun 26, 2015
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First, there is an old saying "a man acting as his own lawyer has a fool for a client". I would strongly encourage you to get an attorney that reviews associate contracts as part of his/her business to review this contract for you. If you can't find an attorney that specializes to that degree at least find an attorney friend or other attorney that will take your concerns and their own and redline the contract.
I was so anxious to get my first job that after I did the above I was worried about how the practice owner would take my requested changes. Turns out he had no problem with them. All you can do is ask. He/she may not accept your changes or may meet you somewhere in the middle but if they're not open to your concerns or unwilling to change an unfair provision then this is your clue you should find someone else to work for.
Regarding your specific concerns:
Equipment - I did a lot of research on typical contract provisions when negotiating my contract and never saw this provision. Personally, I think you should provide your own loupes but I would request the rest of that be scratched.
Non Compete - 2-3 years is standard but you should try for 2. Distance is really subjective and really depends upon the population density of the area. In very high density (think Manhattan, NY) the distance should be very small such as less than a mile whereas in a moderate urban area it might be 3-5 miles and in a more rural area it might be more. See if some other associates in the town will tell you what the radius is on their non-compete. Since you mentioned km I am assuming you're in Canada. Can't speak to what happens with their non-competes if one is challenged in court. In the US often the court will reduce an unfair non-compete to something more reasonable but you can't count on that and so I would not even sign a contract if I believed the non-compete was unfair.
I was so anxious to get my first job that after I did the above I was worried about how the practice owner would take my requested changes. Turns out he had no problem with them. All you can do is ask. He/she may not accept your changes or may meet you somewhere in the middle but if they're not open to your concerns or unwilling to change an unfair provision then this is your clue you should find someone else to work for.
Regarding your specific concerns:
Equipment - I did a lot of research on typical contract provisions when negotiating my contract and never saw this provision. Personally, I think you should provide your own loupes but I would request the rest of that be scratched.
Non Compete - 2-3 years is standard but you should try for 2. Distance is really subjective and really depends upon the population density of the area. In very high density (think Manhattan, NY) the distance should be very small such as less than a mile whereas in a moderate urban area it might be 3-5 miles and in a more rural area it might be more. See if some other associates in the town will tell you what the radius is on their non-compete. Since you mentioned km I am assuming you're in Canada. Can't speak to what happens with their non-competes if one is challenged in court. In the US often the court will reduce an unfair non-compete to something more reasonable but you can't count on that and so I would not even sign a contract if I believed the non-compete was unfair.
