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Optometrist Contract Review Attorney

Optometrist Contract Attorney

Chelle Law provides Optometrist Contract Review for optometrists entertaining a new optometry job (in a new state) or renegotiating an existing optometry contract. You have worked hard to develop your skills and deserve to advance in your professional career with a fair market value optometry agreement based on equitable terms. So, when you are about to enter into a optometry contract, getting optometry covenants reviewed before signing with a new business is vitally important.

The terms of optometry covenants will impact your load of patients, practice setting and your day-to-day life. Attorney Robert Chelle reviews your optometric contract’s content, identify the areas that could be improved and assist you in obtaining the best optometry contract possible. Each provider that requests Mr. Chelle’s assistance with optometry agreement analysis receives:

  • Available in any state
  • Flat-rate pricing, with no hidden costs
  • Review of your proposed optometry agreement
  • Phone consultation with Attorney Robert Chelle reviewing the optometrist contract term by term
  • Follow up with a review of the needed clarifications

These touchstones are even more crucial when applying their roles to the case of a optometrist employed by a optometry group, or other optometry provider.  The present day conclusion is simple: A optometrist should not sign optometrist contracts in any state without having the content of the optometry agreement reviewed by legal counsel.  For instance, to ensure AOA compliance, associate compensation, disability insurance, student loans, malpractice, associate training, member marketing guidance, etc. 

Optometrist Contract Review Lawyer

Optometrist Agreement Checklist Review and Practice Information

Each optometrists’ contract is unique.  However, nearly every optometry contract for optometry professionals should contain several essential terms regardless of what state it is in.  If these essential terms are not spelled out in the optometry employment agreement, disputes can arise based on disagreements between the employer and employee as to the details of the specific term.

For instance, if the OD is expecting to work at the practice Monday through Thursday and the employer is expecting the provider to work Monday through Friday, but the specific workdays are absent from the Optometry Agreement; who prevails?  Spelling out the details of your job is crucial to avoid conflicts during the term of your employment.

Essential Terms for Legal Review

Below is a checklist of essential terms that any optometrist’s agreement should contain (and a brief explanation of each term):

  1. Services Offered: What are your patient care duties for the practice? Are you given time for administrative tasks?
  2. Patient Care Schedule: What days and hours per week are you expected to provide patient care and have contact with patients?
  3. Locations: Which practice or facilities will you be based at to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
  4. Outside Activities: Are you permitted to pursue moonlighting or locum tenens opportunities? Do you need permission from the employer before you accept those positions?
  5. Call Schedule: How often are you on call (after hours office call, hospital call (if applicable)?

Optometry Contract Benefits

  1. Electronic Medical Records (EMR): What EMR system is used? Will you receive training prior to providing care?
  2. Base Compensation: What is the annual base salary? What is the pay period frequency?  Does the base compensation increase over the term of the Optometrist Agreement?
  3. Productivity Compensation: If there is productivity compensation; how is it calculated (wRVU, net collections, patient encounters, etc.)?
  4. Benefits Summary: Are standard benefits offered: health, vision, dental, life, disability, retirement, etc.?
  5. Paid Time Off: How much time off is offered? What is the split between vacation, sick days, CME attendance and holidays?
  6. Continuing Medical Education (CME): What is the annual allowance for CME expenses and how much time off is offered?
  7. Dues and Fees: Which business expenses are covered (licensing, DEA registration, privileging)?
  8. Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the Optometrist Agreement is terminated prior to the expiration of the initial term?
  9. Signing Bonus: Is a signing bonus offered? When is it paid?
  10. Professional Liability Insurance: What type of professional liability insurance is offered: claims made, occurrence, self-insurance?

Professional Liability

  1. Tail Insurance: If tail insurance is necessary, who is responsible to pay for it when the Optometrist Agreement is terminated?
  2. Term: What is the length of the initial term? Does the Optometrist Agreement automatically renew after the initial term?
  3. For Cause Termination: What are the grounds for immediate termination for cause?
  4. Without Cause Termination: How much notice is required for either party to terminate the Optometrist Agreement without cause?
  5. Post Termination Payment Obligations: Will you receive production bonuses after the Optometrist Agreement is terminated?

Restrictive Covenants

  1. Non-Compete: How long does the non-compete last and what is the prohibited geographic scope?
  2. Non-Solicitation: How long does it last and does it cover employees, patients, and business associates?
  3. Notice: How is notice given? Contact via email, US mail, etc.?
  4. Assignment: Can the Optometrist Agreement be assigned by the employer?
  5. Venue:  Where will litigation and any law conflicts be heard?
  6. Alternative Dispute Resolution: If there is a conflict, will mediation or arbitration process be utilized? Who decides what attorney oversees the process? Will it be a health care attorney?

How to Get out of a Optometric Contract with a Non Compete

Non compete in optometrist contracts were originally considered as restraints of trade, and thus were invalid on the grounds of public policy at common law; however, many restraints of trade incident to employment contracts were upheld based on the rule of reason.  Thus, restrictive covenants between dentists not to compete after termination of employment are generally enforceable as long as it is reasonable.

However, there are a few states which prohibit health care provider non compete clauses.  Please check your state laws for optometrist non compete agreements to see what the specific rules for your state are.  The general test for reasonableness of non-competition agreements holds that on termination of employment, a covenant  which restrains an employee from competing with his former employer is termed reasonable if:

  • The restraint is not more than required for protecting the employer,
  • It does not inflict any untold of hardships to the employer, and
  • The restraint is not injurious to the public.

Unreasonable Non Compete Practices for the Doctor

For instance, in Ohio, a non-competition clause was unreasonable when it was noted that a provider’s sub-specialty was uncommon, and that it would be harsh if the restrictive covenant was enforced as the hospital where he was precluded from practicing was only one of the few institutions in the area where he could practice his specialty.

Thus, in Ohio, covenants restraining providers from competing with his employer upon termination is considered unreasonable if it inflicts untold of hardship on the professional, is injurious to the public, if the demand for the dentist’s medical expertise is important for the community people and if the dentist’s services are important for the health, care and treatment of public.  However, non-competition clauses for dentists, in general, are enforceable as long as they protect some of the employer’s legitimate interests.

Employment Agreements: Student Loans, Insurance, Lack of Resources

Optometrists face much risk when they take the review of optometry contracts into their own hands. Optometry contract terms are highly negotiable and have a great impact not only on professional life and practice but also on lifestyle, family and the future.  There are many important optometry contract terms and clauses which can provide and present new complex and diverse issues for any OD, including:

  • Unfavorable call schedules
  • Small Production Bonuses
  • Lack of Benefits
  • Not enough paid-time-off
  • Not enough vacation time
  • Unfair Non-Compete
  • Inadequate professional liability coverage

Contracts Lawyer for Optometrists

When optometry contracts are reviewed by an experienced attorney, you will find great financial benefits which end up outweighing the cost of the contract’s review.  If you are in need of legal assistance with an optometrist employment agreement or dentistry contract review schedule an Optometrist Contract Review with Chelle Law today!

Call Us Now: 602.344.9865

Contact Us

If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today!

Links of Interest

  • Home
  • Dentist Contract Attorney
  • Nurse Practitioner Contract Attorney
  • Optometrist Contract Attorney
  • Physician Contract Attorney
  • Physician Assistant Contract Attorney
  • Veterinarian Contract Attorney
Google
Based on 121 reviews.
Melinda Striyle
Melinda Striyle
2022-06-12
Attentive, respectful, great to work with.
Jenn Lighthall
Jenn Lighthall
2022-06-10
Absolutely fantastic. I would give more than five stars if I could. Highly recommend!
Meghna C.
Meghna C.
2022-05-31
Renee was great to work with when negotiating my contract! I am a resident physician signing on for my first attending job, and I felt more comfortable with the language used in the contract after going over it with Renee. I also got a higher starting salary which made the price more than worth it. I would definitely use Chelle Law again!
Jennifer Nevis
Jennifer Nevis
2022-05-30
Erin Howlett saved me from a terrible situation and I can't thank her enough. I had accepted a veterinary dental residency in northern Illinois with a private practice. The letter of intent was routine yet the actual contract so punitive and predatory in nature that it was hard to believe it was from the same people. Erin believed I was worth more than the "Zero" this practice claimed. Without her on my side, I would have naively signed this "bait and switch" and been finacially and professionally ruined if I couldn't complete the 6 year commitment this practice demanded.
robin singh
robin singh
2022-05-27
I consulted with Chelle law for contract review. They were suggested by our employer. Renee osipov was incredibly helpful and was able to navigate me in right direction. I fully recommend them.
Melanie Schlote
Melanie Schlote
2022-05-22
Erin was so professional and very quick to respond. She took the stress away from contract reviewing and made me feel confident in this next step of my career.
Mitul Patel
Mitul Patel
2022-05-22
I contacted Chelle Law for my dental contract review. I am very pleased with contact review with Attorney Renee. Renee was very kind, helpful, honest, informative and knowledgeable. She had some solid advice regarding negotiations. Katie was very helpful to schedule appointment with Renee within few days. I had some questions next day and emailed her and she responded back to me within an hour. I HIGHLY RECOMMEND CHELLE LAW FOR YOUR CONTRACT REVIEW. THANK YOU!!
Anna Etzler
Anna Etzler
2022-05-20
Renee was wonderful to work with and helped me with a contract review for my first NP job. She took the time to help me understand each section of the contract and even helped me successfully negotiate so that the contract would best fit my needs. Chelle Law was very responsive to my needs and set up my initial review and revision review in a timely manner! I would highly recommend their services to anyone in the medical profession.
Alan W
Alan W
2022-05-16
Had the privilege of working with their attorney Renee. She was really thorough, professional, and went above and beyond in reviewing my contract. Couldn't have asked for a better experience.

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602.344.9865

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Chelle Law 5425 E. Bell Rd, Ste 107

Scottsdale, AZ 85254

Contact Us Today!

5425 E. Bell Rd, Ste 107, Scottsdale, AZ 85254

info@chellelaw.com

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  • Professional Licensing Board Defense
  • Medical Contract Lawyer
  • Administrative Appeals & Hearings
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  • Robert S. Chelle, Esq. Founder & CEO
  • Sara Stark, Esq. Attorney
  • Renee Osipov, Esq. Attorney
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  • Charlie Hover, Esq. Attorney

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