I am about to start at a new company. I am concerned about the 120 day notice in the contract. What does this mean? Can they withhold pay if less than 120 day notice is given? Can they pursue legal action? Thank you in advance!
TERMINATION OF AGREEMENT AND EMPLOYMENT
A. The Employer and Employee hereby agree that during the term of this Agreement, and any extensions hereof, this Agreement and the employment of the Employee may be terminated and the Employee's compensation shall be measured to the date of such termination: (i) at will by either party with 120 days notice; (ii) immediately by mutual consent of both parties; or (iii) immediately upon the Employer providing written notice to the Employee upon the occurrence of any of the following events:
1. Suspension, revocation, cancellation or limitation of Employee's right to practice in any jurisdiction whether because of loss of Employee's license, Employee’s privileges, or any other reason.
2. Failure or refusal by the Employee to perform diligently his duties under this Agreement or to comply with the rules, regulations or other policies established by the Employer or the appropriate authorities of Hospital.
3. Conviction of the Employee of any felonious crime in any federal or state jurisdiction of the United States of America.
4. Unprofessional, unethical, or fraudulent conduct by the Employee or a finding by any professional society of such conduct.
5. Termination for whatever reason of Employer's, EmCare, Inc.'s, or a subsidiary of EmCare, Inc.'s contract to provide medical services at Hospital.
6. In the event, due to circumstances beyond Employee's control, Employee shall be unable to perform his duties under this Agreement for any extended period covered by this Agreement.
7. In the event that the appropriate authorities of Hospital request that Employee no longer provide such services at the hospital.
8. Employee’s misrepresentation or omission of information provided pursuant to the application process for employment or medical staff privileges.
9. Failure or refusal by Employee to provide Employer with a self-query report from the NPDB in accordance with the terms of Section 2(F) or 2(G).
B. In addition, this Agreement shall be automatically terminated should the Employer be declared by a Court of competent jurisdiction to be bankrupt under the Federal Bankruptcy Act or shall be determined to be insolvent under the insolvency laws of the state of governance of this Agreement.
C. In the event that there are changes in the current federal or state laws or regulations regarding Medicare/Medicaid, the adoption of new legislation, or a change in other third party reimbursement systems which materially affect the reimbursement that the Employer or Employee may receive for their respective services, the Employer may immediately terminate this Agreement by providing appropriate notice.
D. Introductory Period. The initial ninety (90) day period after Employee first provides services pursuant to this Agreement shall constitute an Introductory Period. During this Introductory Period, and notwithstanding subparagraphs 6.A and 6.B above, Employer may terminate this Agreement, with or without cause, by providing ten (10) days prior written notice to Employee.
TERMINATION OF AGREEMENT AND EMPLOYMENT
A. The Employer and Employee hereby agree that during the term of this Agreement, and any extensions hereof, this Agreement and the employment of the Employee may be terminated and the Employee's compensation shall be measured to the date of such termination: (i) at will by either party with 120 days notice; (ii) immediately by mutual consent of both parties; or (iii) immediately upon the Employer providing written notice to the Employee upon the occurrence of any of the following events:
1. Suspension, revocation, cancellation or limitation of Employee's right to practice in any jurisdiction whether because of loss of Employee's license, Employee’s privileges, or any other reason.
2. Failure or refusal by the Employee to perform diligently his duties under this Agreement or to comply with the rules, regulations or other policies established by the Employer or the appropriate authorities of Hospital.
3. Conviction of the Employee of any felonious crime in any federal or state jurisdiction of the United States of America.
4. Unprofessional, unethical, or fraudulent conduct by the Employee or a finding by any professional society of such conduct.
5. Termination for whatever reason of Employer's, EmCare, Inc.'s, or a subsidiary of EmCare, Inc.'s contract to provide medical services at Hospital.
6. In the event, due to circumstances beyond Employee's control, Employee shall be unable to perform his duties under this Agreement for any extended period covered by this Agreement.
7. In the event that the appropriate authorities of Hospital request that Employee no longer provide such services at the hospital.
8. Employee’s misrepresentation or omission of information provided pursuant to the application process for employment or medical staff privileges.
9. Failure or refusal by Employee to provide Employer with a self-query report from the NPDB in accordance with the terms of Section 2(F) or 2(G).
B. In addition, this Agreement shall be automatically terminated should the Employer be declared by a Court of competent jurisdiction to be bankrupt under the Federal Bankruptcy Act or shall be determined to be insolvent under the insolvency laws of the state of governance of this Agreement.
C. In the event that there are changes in the current federal or state laws or regulations regarding Medicare/Medicaid, the adoption of new legislation, or a change in other third party reimbursement systems which materially affect the reimbursement that the Employer or Employee may receive for their respective services, the Employer may immediately terminate this Agreement by providing appropriate notice.
D. Introductory Period. The initial ninety (90) day period after Employee first provides services pursuant to this Agreement shall constitute an Introductory Period. During this Introductory Period, and notwithstanding subparagraphs 6.A and 6.B above, Employer may terminate this Agreement, with or without cause, by providing ten (10) days prior written notice to Employee.