For full-time associates, it is usually the practice. The practice has the ability to review, modify, and/or redo the associate’s work while employed. In areas where hygienists are in short supply, a doctor may desire a contract to help ensure having a hygienist. However, for most dental hygienists, this is not the case. For example, the employee tax rate for social security is 6.2%, the self-employment social security tax rate is 12.4%. An employment contract is an agreement by which one party commits to compensate another party for the performance of employment services, and the second commits to perform those services, and to be bound by certain specified restrictions. The associate will prefer a six-month exclusion before the restrictive covenant begins, although the non-solicitation of patients, referral sources, and staff should always be in effect immediately. The SDAA recommends that every employer/employee relationship be formalized by a contract. Additionally, it can require that an employee give a longer notice (such as 90 days) rather than the usual two weeks. A dentist job contract is an arrangement by which a party can devote to compensate another party for the operation of job services, and also the next commits to execute the … Whether or not the agreement is for a contractor or an employee, it must clearly delineate the job responsibilities. Employment Contract This sample employment contract is from “Self-Employment vs. Employment Status,” CDHA (no date available) ... his or her employment with the Dentist; and (b) Directly or indirectly, whether as principal, agent, associate, director or shareholder of a company, or otherwise, solicit or aid in the solicitation of any of the Dentist’s patients. William P. Prescott, JD, MBA-Executive program, of WHP in Avon, Ohio, is a practice transition and tax attorney and former dental equipment and supply representative whose most recent book is titled Joining and Leaving the Dental Practice, second edition. Is you is, or is you ain’t, a contractor? The job for branding new dental practitioners would be to comprehend what to hunt for in an arrangement and what must be blanketed in their behalf. Mandated employee training required by law; Administration of the employee benefit programs including: Medical, dental and life insurance, and other employee incentive programs such as: physical fitness, educational incentives, etc. Dental hygienists are increasingly being presented with employment contracts from their employers. This Contract of Employment shall be binding of the successor in title, assigns, personnel, representatives of the parties hereto. Both associate general dentists, and especially specialists, should think long and hard about agreeing to such a provision. The contractor bills and collects fees directly from patients. You’ll be able to view each submission in your secure JotForm account in an easy-to-read … Subtleties of contemporary dental marketing: How this practice adds the fun. I prefer a free relationship, as opposed to contractually locking the two sides into a relationship that isn’t working – this only leads to unhappy endings and litigation. Install and services dental office equipment, like hydraulic chairs electric or pneumatic drill units, according to manufacturers service manuals. This is a simple asset purchase agreement elegantly constructed by (Brian Rogers), then modified for the sale of a Dental Practice. While there are wide swings in compensation and collection percentages, the most common that I see is 30% for general dentists, including hygiene examinations, and 35%-plus for specialists, in addition to benefits, direct business expenses, and insurances for full-time associates. Retreatment provisions are very common in the complete sale and purchase of a practice. Policies that are customized specifically for your 150 or so … Office Skills Clinical Skills Typing (words per minute) CPR Training What is your skill level? Compliance with State and Federal Law What did they do that was so successful? Dr. Pamela Maragliano-Muniz says case acceptance is a group effort. Address: (Number, City, State, and Zip) Social Security Number: - - Position Applying for? No employee or representative of the prac- tice, other than its owner, has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement … The time off should be non-cumulative and forfeited if not taken within the applicable period. I frequently see dentists receive a fixed base salary + an incentive based on the net income that the dentist personally generates. For this and Mr. Prescott’s other publications, see prescottdentallaw.com. The “greater of” sum may last for a limited period of time (six months to one year). Job Description. What matters is that the employer has the legal right to control the details of how the services are performed. A dental practice should always be clear and confident in how it classifies employees and contractors. The employer and employee may jointly agree that the employee’s existing paid vacation, personal, medical, or sick leave may be used to supplement their FFCRA benefits. 2.10 Pay Office Manager as specified in the Office Manager’s fee schedule, section 3 of this agreement. 510-796-9144. mattdickstein@hotmail.com mattdickstein.com. Making legal matters easy and economical for your business. Application for Dental Office Employment Experience and Skills Education Dental Certificates or Licenses Name Phone - Home: Business: Are you at least 18 years old? The contractor uses his/her own office, equipment, instruments and/or supplies. Those days may be numbered. Some employees may be required to take their lunch breaks at a different times – this is up to the office manager. In the event of a dispute or disagreement about the terms of employment, both parties can refer to the contract. The differential may be “trued-up” or calculated on a quarterly basis to reduce peaks and valleys of pay versus production. Application for Dental Office Employment Date: _____ What position are you applying for?_____ Name: Telephone: (home) Address (number, street, city, state, zip) Telephone: (business) Social Security Number Telephone: (cell) Do you have the legal right to work in the US? Easily the most common question our office fields relative to dental employment contracts is the non-compete. Before a patient decides to move forward with dental treatment, two things must be in place: ownership/understanding of one’s oral health, and finances. When you are classified as an employee, your employer matches your contribution to social security and Medicare thereby reducing the percentage that you pay. 510-579-6470. mattdickstein@hotmail.com mattdickstein.com, 39488 Stevenson Place, Suite 100, Fremont, CA 94539 If the practice owner does not want the associate to continue to render services during the notice period, the former associate continues to be paid based upon what the associate had previously earned. Common examples of cause are:  (1) Loss of license to practice dentistry, (2) Violation of a material provision of that agreement, (3) Felony conviction or abuse of controlled substances. To this end, the SDAA has developed a template that offers broad categories for consideration in the development of an employment contract. A business model to calculate revenue resulting from implementation of a child oral health program. Dr. Stacey Gividen examines case acceptance from the perspectives of the patient and the doctor/team. As I stated before, if you are an employee of the practice, you are entitled to receive all the benefits offered to all other office employees such as hygienists, assistants and managers. Once beyond the boilerplate, both contracts deal with the same basic issues, such as the description of services, compensation, reimbursement of expenses, and term and termination (all discussed below). In areas where hygienists are in short supply, a doctor may desire a contract to help ensure having a hygienist. If you want a contract for a term of years, be sure to include termination for cause. 2.9 Indemnify Office Manager for the expense of any legal action arising out of the proper performance of Office Manager’s duties. The associate’s patients are designated as a schedule to the employment agreement on an ongoing basis and can be computer generated or handwritten. *** The purchase price PHILLIPS/MONCARZ/FARBER NOBEL BIOCARE CANADA INC. RICHMOND HILL, ONTARIO . Language of this Contract of Employment This Contract of Employment shall be prepared in four (4) original texts, two (2) each in English and language of the country of origin of the worker, all texts being equally authentic. Dentist Employment Agreements: A Guide to Key Legal Provisions 2. The cost of misclassification is very high, and it’s never worth it. See also Buy-in and buy-out of a dentist to a dental group. This article only gives a short roadmap of dentist employment contracts and independent contractor agreements. In the past, dental practices frequently hired dental… Employee (EE) –You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). The Importance of Dental Employment Agreements When considering an associate dentist as a valuable addition to your practice, establishing an employment contract with terms that satisfy both you and the employee will set the tone for a positive work environment. What is an Employment Contract? If the associate agrees to such an onerous and open-ended provision, a procedure for a third party tie-breaker needs to be in place to arbitrate any disputed necessity of retreatment. Reach more prospective patients in 2021 by understanding current search trends, Case acceptance: The forgotten starting point, Learning from the best: Takeaways from dental practices performing in the top 10%, Patient Communication and Patient Financing. 9. Often it will detail how you will be paid, vacation, sick time, continuing education perimeters, insurance benefits , a restrictive covenant and a non-solicitation clause. Yes . Accordingly, if a circumstance arises and the employer has an employee handbook, read through the handbook to see if there are provisions that apply to those circumstances. Independent Contractor (IC)– The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. 5.3.The Dental Hygienist covenants and agrees that he/she will not, during the term hereof and for a period of six (6) months from the date of termination of this Agreement: (a) Solicit for employment any person who is, at the time of such solicitation, employed by the Dentist, or directly or indirectly induce such person to leave Those patients directly referred to the practice by the associate, as well as the associate’s friends and family (collectively the “associate’s patients”), should be excluded from the restrictive covenant provisions. If the employment terminates and the associate is paid on collections, include a provision that compensation will continue for some period of time, e.g., 120 days, to allow for fees to be collected, along with a monthly accounting. I don’t think it matters provided that the restrictive covenants are initially included in the employment agreement. 7. May a dental practice require an employee to supplement their FFCRA using other available paid leave? Bruxism and other associated woes have increased markedly due to the pandemic. The most important issue is the restrictive covenant, which protects confidential information consisting of patients and referral source lists, noncompetition within a geographic radius or attached map, and, for a period of time (one to three years), nonsolicitation of patients and/or referral sources, and nonsolicitation of services of staff. Most people are unaware of such provisions within an employment agreement. Providing business legal services in Northern and Southern California, including San Francisco, Classifying a dentist as an employee or contractor, Compensation structures for group dental practices, Bringing a new partner into a dental practice, Buy-in and buy-out of a dentist to a dental group, Shareholder buy-sell agreements for dental corporations. Bonuses are designated to economically reward work over and above the standards expected by the employer. This page sets out guidance and links to further resources to support implementation of the General Dental Services (GDS) contract and Personal Dental Services (PDS) Agreement. Click on a heading for articles ⇒ In this article, I talk about dentist employment and independent contractor agreements. Download: Adobe PDF , MS Word (.docx) , OpenDocument Employment Separation Agreement – Otherwise known as a ‘settlement’ or ‘severance’ agreement, outlines the terms and conditions of an employee’s termination. Examples of survival provisions include restrictive covenants and accrued commissions. As to compensation, I suggest the greater of a dollar amount per month for full-time (or an hourly rate for part-time) or a percentage of adjusted production. For associates in a corporate practice, this provision is important because the provision will probably designate a state other than where the associate resides. Certain provisions should continue or survive following termination of the employment and the employment contract should say so. Expenses. In fact, employers have used (or abused?) Have additional questions about associate or dental hygienist contracts, dental or medical employee confidentiality agreements, or how your dental/medical employee manual should protect you as an employer? All rights reserved. Classifying a dentist as employee or contractor, Dentist employment and contractor agreements, Outline of a compensation / expense structure for a group dental practice, Compensation structures for a group dental practice, Buy-in and buy-out of dentists to a dental group, Term sheets for buying or selling a dental practice, Preparing to sell your solo dental practice, Leaving a dental practice / closing a dental practice, Action items for the estate when a solo dentist dies, How a non-licensed person works with a dental practice; administrative / management service companies, How to structure a management company's relationship with a dental practice, Franchising for medical, dental, veterinary businesses, Attorney for Medical Corporations and Group Medical Practices, Attorney for Dental Corporations and Group Dental Practices, Attorney for Veterinary Corporations and Group Veterinary Practices. Usually the clauses are vague and non-binding, and only express the parties’ expectations on the subject. Other bonuses pertain to signing, relocation, and student loans, provided that the associate remains with the practice for a predetermined period of time to avoid repayment. The vacation and other time-off provisions provide for paid or unpaid time off for each 12 months of the employment term. If the dentist’s buy-in is a material part of the deal, however, specify these deal terms: *** The ownership percentage that the dentist will obtain the independent contractor classification for many years. Email address. By creating a job alert, you agree to our Terms. Call CEDR anytime at 866-414-6056. Some non-competes are fair, some are burdensome, some are ridiculously unenforceable, but nearly all of them are misunderstood in the context of dentistry. The at-will employment status of an employee of the Company may be modified only in a written employment agreement with that employee signed by a designated executive of the Company. Here's what his team did and why it worked. While the practice owner and associate may think that the most important issue in the employment relationship is compensation and benefits, it is not. She explains how an educated and empowered team, as well as educated patients, will lead to improved patient experience, patient retention, referrals, and case acceptance. For more on this topic, see my article – Compensation structures for group dental practices. Dentist employment agreements sometimes have clauses on the dentist’s purchase of ownership in the practice. This is an important question because, from time to time, to generate revenue, the IRS and CA EDD will audit dental practices on the issue of whether a dentist is an employee or independent contractor. Should you incorporate your dental practice? 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