Ep 46: Employment Contracts – Prevalent Issues with Mark Silberman

Accepting a new job is such a rewarding feeling that motivates you to get to work and continue growing your career, but understanding your employment contract first is vital. Mark Silberman, legal counsel for the AANA, will break down the specifics of a contract, what you need to know, and how to protect yourself. Plus, he’ll help us understand the different types of employment statuses and which is better for CRNAs.   ***CE CREDIT ALERT: Did you know you can get continuing education credit from the AANA for listening to this episode? Go to https://knowledgenetwork.aana.com/home to get the details and get your credit today! And see a list of other episodes that qualify for CE credit here: https://beyondthemaskpodcast.com/series-ce-credit   Show Notes: https://beyondthemaskpodcast.com/?p=2142   Today's rundown: 2:29 – Welcoming on our guest today, Mark Silberman, who is legal counsel for the AANA 3:05 – What we’re talking about on this show and why it’s important. 4:17 – Mark breaks down the parts of a contract and what you need to know about one. 5:45 – A real-life example from a CRNA of a contract that didn’t get put in writing. 6:47 – Let’s define the differences between an employee and an independent contractor. 9:08 – Mark explains independent contractors even further. 10:20 – Trying to understand why some independent contractors are classified that way when they appear to be an employee. 12:02 – It all comes down to what is the intention. 13:16 – You have to remember that employers will almost always have leverage because they hold the commodity: the job.   13:57 – Define ‘employee at will’ and how many states have that status. 15:48 – What’s the difference between job description and employee contract? 16:59 – Job descriptions are not enforceable. The contract specifics are. 18:02 – Does every CRNA need a contract? 20:06 – The biggest mistake people make when they’re looking at a contract. 21:44 – What are the most important things CRNAs should pay attention to in a contract? 20:07 – Can you re-negotiate your contract? 24:31 – Let’s talk non-competes. Every state has its own interpretations of these. 27:46 – How do we find out if these non-competes are enforceable? 29:12 – What happens when a new employer takes over? 31:39 – Should Independent contractor CRNAs incorporate for protection? 33:11 – Final words of wisdom for CRNAs entering a contract.