All dental associate contracts should include the following items:
1. Restrictive Covenants – protects confidential information including: patient source lists, referral source lists, non-competition within a geographic radius, non-solicitation of patient and referral sources, and non-solicitation of staff or services
2. Associate Compensation – dollar amount per month for full-time or a percentage of adjusted production
3. Discretionary and Other Bonuses – states the bonus formula based on productivity or quality and overall performance
– includes other bonuses pertaining to signing, relocation, and student loan
– states the predetermined period of time to remain with the practice to avoid repayment
4. Expenditure of Time – defines the designated work schedule
5. Direct Business Expenses, Benefits, and Insurances – usually paid by the practice for full-time associates
6. Liability Insurance – states specified coverage limits
– usually paid for by the practice for full-time employees
– should cover the practice as a “named” insured
7. Vacations and Time Off – provides guidelines for paid or unpaid time off for each 12 months of the employment term (cumulative vs. non-cumulative, amount of notice needed, etc.)
8. Termination of Employment – includes discretionary termination provision without notice by either party for the first 6 months of employment and a notice provision
Author(s)
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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