Thinking of leaving my job

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Supination

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Hi. Long time reader, first time poster. I'm very unhappy at my current position (private practice) and am thinking about leaving to start my own practice. I work around 55 hours per week and that number increases when I'm in surgery. My compensation is percentage-based so I eat what I kill (but I'm W-2, not 1099).

My question is, can my employer get away with not paying me what I'm owed once I leave? Might be a loaded question, but I'm trying to remain as anonymous as possible.

Would love to hear your thoughts.

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What dtrack said.

For example - my first contract said:

"Upon termination of this Agreement under any provision of paragraph X, the Doctor shall be entitled to receive only the compensation accrued but unpaid as of the date of termination and shall not be entitled to additional compensation, except as especially provided in this Agreement."
 
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If you worked within the requirements of your contract then you must be paid. You must leave within the rules of your contract. Get a lawyer to draft a letter threatening lawsuit. Works every time.
 
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In the end, you have no access to records once you leave, so you will have no idea what comes in (if you even do now as employed non-owner).

If your office has any kind of reasonable billing/collections, they should be getting roughly 50% of claims/surgery paid in 2wks and be at 80% of what will be paid by a month after DOS.

See what your contract says, do small claims court if you can (attorney will eat up what little you will gain here... we are talking $10k or less most likely). Expect the question of "you want your % of $X collections... what is X"?

You have to realize that starting your own takes a lot of energy and effort and mental space. You want to move on mentally asap and focus on that.
Any significant litigation risks counter-suit (esp if you stay local to current job), and the employer knows their pockets are much deeper than yours. They can waste your time and drain your assets. Proceed with caution.

Assuming no contract clause that voids any further associate pay if you break contract, then I would probably just tell them you want 4wks avg pay for tail collections. If they say no... and if you need the money, take them to small claims for 2-3wks pay (probably about the same as the small claims court max of 5k-10k in most places). They will likely not even show since they don't want to miss a half day of office, and you then have a judgement against them for that amount. More important, it's over with. You will quickly realize you'll make a lot more money per patient/week/monty/year as owner, and it's good to just get that breakup done with and that crap out of your mental space. :thumbup:

....

"I'm very unhappy at my current position"
- nine out of ten DPM associates
 
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Are you sure? These are also the same people who reuse scalpels to avoid paying for new blades.
I think it all depends on the area, the employer mindset, where the associate goes...

I have had friends who were sued by the PP they left for non-compete violation, breach of contract, patient solicitation, false advertising, all kinds of things. It cost them 10k or even tens of thousands to respond... plus missed office days and half days to see attorneys and be in hearings. They all emerged on the other side, but whether the suits fail or are success or semi-success, it's very taxing to throw that extra legal BS on top of doing a startup office.
 
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