0:00

The employment agreement may also address other

0:03

circumstances beyond for cause

0:05

and without cause that allow either party

0:08

to actually terminate the relationship.

0:11

For example, there could be substantial changes in the

0:13

business of the employer where the employer wants

0:15

to have the ability to actually terminate the,

0:19

uh, contractual relationship.

0:21

This could be because they've lost

0:23

a contract with a hospital.

0:25

It could be that they've lost

0:26

or been kicked out of network

0:27

with a particular insurance company, so it's no longer

0:32

economically feasible to continue

0:33

the employment relationship.

0:35

There are also quality

0:38

or performance benchmarks that may be

0:41

established in the employment agreement that have

0:44

to be satisfied in order for the relationship to continue.

0:48

We wanna be very careful about these quality

0:50

or performance benchmarks to make sure that A,

0:53

that they're understood in they're specified in detail

0:55

and not subjective in nature.

0:57

And B, we wanna make sure that there are benchmarks

1:00

that if they're gonna remain in the contract,

1:02

that they can be satisfied

1:03

that they're not set at a performance level that exceeds

1:07

or is not consistent

1:09

with the relationship that's being created.

1:11

So, for example, if you've got a part-time relationship,

1:14

you know the quality and the performance benchmarks need

1:16

to be reflective of a part-time relationship so

1:19

that you're not subject to standards that can't be met

1:22

as a part-time employee.

1:24

The other thing you need to consider is if you're being

1:26

terminated for these circumstances, whether

1:29

or not, you know, there should be penalties

1:31

that apply to the employer.

1:33

It's not, you know, necessarily the employee's fault,

1:36

that if they're being terminated,

1:37

they've relocated across the country.

1:38

For example, you know that the employer wants out

1:42

because they've lost a contract

1:43

or they've no longer determined

1:45

that their relationship is economically feasible.

1:47

It's very fair for the employee to request

1:50

liquidated damages in that circumstance.

1:53

The employer may not be willing to agree

1:55

to those liquidated damages,

1:56

but it may be something under the unique circumstances of

1:59

that particular employment relationship

2:01

where liquidated damages should apply.