I am often asked by healthcare professionals whether or not I think the employer who has presented them with an employment contract will negotiate terms of that contract consistent with the comments I offer. The answer is, “maybe.” Here’s why:
Are you fresh out of the farm league or are you Derek Jeter?
Whether or not the employer will actually negotiate depends in part upon your status in the medical community and how badly the employer wants you. I often use the analogy of whether you are considered the “Derek Jeter” of the medical profession, or are you a newly minted doctor, fresh out of the farm league? Obviously, if you are the Derek Jeter, it is likely that the employer will go out of its way to accommodate any requests you may have with respect to their employment contract. In that situation, they would be more than willing to make the changes requested in order to get you “on their team”. Some doctors already have a large body of clients who will come with the doctor. Others do not. For the most part, your value probably falls somewhere in between these two extremes. Try to assess how valuable you are to the employer.
Will a change in the contract upset the apple cart?
Consider that the employer may not be inclined to make “separate deals” for each of employees. An employer must consider whether making special accommodations for its newest employee would cause dissention among the existing employees.
Is the employer open to change?
Some employers do not have an attorney or full time human resource person on hand. For that reason, they may insist on strict adherence to the “form contract” they have opted to use. In this case, it is not so much a question of whether they can or should change the contract as much as a question of whether they should incur additional attorney’s fees for the purpose of considering your proposed changes.
Conclusion
For this and other reasons, the question of whether or not you will be able to negotiate the terms of the offer given to you, depends upon a number of variables some of which are mentioned here. Regardless, if the employer is not willing to negotiate the contract, you should understand how the contract may affect you in your everyday experience working for the employer. Contact Romanowsky Law today for a free estimate of the cost involved to better understand the risks you are being asked to accept. 973 451 1116.
