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Business and Employment Agreements

Fenton Law Group routinely assists healthcare clients with the review, negotiation, and drafting of a wide variety of healthcare employment agreements. Healthcare employment agreements often involve unique legal issues that are distinct from ordinary employment contracts. Among the issues that must be taken into consideration in the preparation of employment agreements are:

  • Qualifications of healthcare personnel required by law as a prerequisite to the performance of services;
  • Scope of practice limitations and supervision requirements on various categories of healthcare personnel imposed by law; and
  • Unique legal obligations of healthcare providers that must be addressed as conditions of employment.

These issues are but a few of the reasons why healthcare providers and facilities may want to consult with healthcare counsel rather than — or in addition to – general employment counsel in managing their businesses. Healthcare practices often need to consider the extent to which employees will be permitted to engage in competitive activities, the viability of liquidated damages provisions, the handling of malpractice insurance premiums, safeguarding patient confidentiality, and compliance with federal and state healthcare laws.

In addition, healthcare providers in California need to consider the challenge of how to balance the limitations of California law against the risks of competitive activity by employees, potential liability for healthcare services rendered outside the scope of the employer’s business, and breaches of patient and practice confidentiality.

Fenton Law Group attempts to protect clients by drafting employment agreements that minimize risk for our clients while strengthening their market position and protecting them to the fullest extent possible.