Problem solved: What should I know before signing a contract to work somewhere?

FIRST, EVERYTHING IN WRITING Get everything in writing. People in administration do not think the way doctors do, and I can’t tell you the number of times I’ve seen verbal agreements not honoured or interpreted in a completely different fashion. Run whatever is provided by a lawyer familiar with contracts. Lawyers often are aware of subtleties and things that you can ask for that medical professionals wouldn’t even think of, for example, sign-on bonuses, relocation expenses, premature contract termination, etc. If possible, work as a locum for two or three weeks in the new location before you sign on to get an overall Gestalt of what conditions are like—don’t necessarily believe the rosy picture painted for you. Try to find some recent hires at the same place and find out what they negotiated in their contracts or what options they had available. Similarly, use databases or colleagues to find out what are typical conditions of employment for this type of work elsewhere in Canada. —DR. MALCOLM BRIGDEN SAY NO TO INDEMNIFICATION Watch out for indemnification clauses that say that you promise to compensate your employer for any problems that may arise related to the work you do for them, regardless of whether or not you had any control over what they did with your work that led to the problems—and regardless of whether or not the problems that arose were related to any deficiency or inaccuracy in your work. I have turned down jobs with health authorities because of their insistence on my signing this sort of indemnification clause. In my opinion, indemnification clauses like this don’t make sense. I never was or ever will be rich enough to pay health authority-level expenses, so the only result of a health authority trying to recover funds from me would be me going bankrupt and the health authority spending money on legal fees for very little return. Yet another reason to keep one’s CMPA membership in good standing. —DR. GILLIAN ARSENAULT GET HELP FROM ASSOCIATIONS Go online. Bookmark your provincial or territorial medical association (PTMA) and Canadian Medical Protection Association (CMPA) pages. Start with your PTMA. Look for “Legal Affairs” or similar, read what they offer and then call or email them with your situation. In many cases they will have prior experience of issues, say with hospital contracts. The Ontario Medical Association, for example, even offers to review certain types of employment contracts. This applies whether you will be an employee or an independent contractor. Your PTMA should be able to offer you advice on next steps. Next, check with the CMPA or your own insurer. They should be able to tell you about potential problems and even whether your proposed work is covered; and, if not, what you need to obtain in your contract. If you still need independent legal advice, it will be at your own expense. Look for a lawyer experienced in employment law. Ask friends or colleagues for recommendations or, if necessary, contact your provincial law society. —DR. MIKE GOODWIN

Problem solved: What should I know before signing a contract to work somewhere?

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