How a Dental Business Hired a Lawyer to Draft a Dental Associate Contract in New York (August 2021)

There are many complex issues to review in a contract of this type and I've found that the employment agreements given to medical professionals are frequently very one-sided to the benefit of the employer with complex non-compete and non-solicit restrictions. The things that should be outlined include the job responsibilities, compensation (including bonus strux), benefits, and probably most importantly termination provisions that outline compensation for termination without cause and what constitutes cause. Lastly, I alway recommend a dispute resolution process that involves mediation and arbitration rather than the courts.

It's not necessary to write a contract - you can write a hiring letter with the terms and conditions, with a reminder that the employee is an "at will" employee. This may give you more freedom to discipline or terminate the employee than an employment contract would. However, you can also write this up as a contract. In either instance, do not violate any laws, such as the state and federal laws against discrimination (some counties and cities, such as King and Spokane counties, and Tacoma, Seattle, and possibly Spokane may have additional provisions); watch out for RCW 49.44.211, a 2022 law about nondisclosure and nondisparagement provisions; and, if you choose to include regular evaluations in your letter or contract, the most simple thing is to track those on a calender and remind yourself and your employee of the date a few weeks ahead of time. Some hiring letters and employment contracts provide for reimbursing the employer for the costs of training and/or any costs provided to the employee for moving expenses if the employee leaves before "X" amount of time.. Before hiring any new employee, do your best to conduct a national background check (not just state) and make sure it's extensive - prior performance at another job? Was the work history and education what they say it was? Any misdemeanors or felonies? What is their financial history and credit rating? Etc. Good luck on your hiring decisions.