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Termination of Employment - Death and Disability

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In addition to addressing the initial term

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and renewal of the employment agreement,

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the employment agreement will also address the circumstances

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on which both the employee

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and the employer may terminate the relationship.

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We're gonna cover in detail termination

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of employment in the next few slides.

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Obviously, upon death,

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the employment agreement will terminate the,

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would additionally address

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what happens if the physician is permanently disabled.

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Oftentimes, you will not see disabled defined in an

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employment agreement, and it's critically important for this

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to be, uh, fully defined so that the parties understand

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when the agreement can be terminated as a result

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of the employee's, uh, disability.

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In addition to the period in the definition of disability,

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it's important to determine who makes

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that actual determination.

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Disability. Is it an independent physician selected

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by the mutually?

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Is it an independent physician selected by the employer?

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What role would the employee have in this actual process?

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It's critically important to have these issues defined

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and handled appropriately in the employment agreement.

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In addition, you will typically see

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when a physician is quote unquote disabled.

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There has to be some period of disability

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where the employee cannot perform his

1:21

or her essential functions before the employer

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or the employee can elect to terminate the agreement.

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And there's a big difference between having

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180 consecutive days versus 180 days during any calendar

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or physical year period.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Mahla Radmard, MD

Postdoctoral Research Fellow

Johns Hopkins University School of Medicine

Bartholomew Dalton Esq.,

Senior Partner

Dalton & Associates

Judd A. Harwood, JD

Partner

Bradley Arant Boult Cummings LLP