Contract Negotiation Guide
What to do after you receive an anesthesia job offer
Getting the offer is the start, not the finish. This guide walks through the steps from a written offer to a signed contract: understanding how you get paid, the malpractice tail, call and time off, restrictive covenants, and what is worth negotiating. It is general education, not legal advice — have a qualified attorney review your specific contract.
Step 1: Get the full offer in writing
Verbal terms are a starting point, not an agreement. Ask for the complete written contract plus any referenced documents (compensation plan, call schedule policy, benefits summary) before you evaluate anything.
- Request the actual employment agreement, not just an offer letter.
- Ask for any policy documents the contract references but does not include.
- Note the response deadline, and ask for more time if you need it — a reasonable employer will grant it.
Step 2: Understand how you actually get paid
Two offers with the same headline number can pay very differently. Map out the full structure before comparing.
- Base salary vs. productivity (wRVU or unit-based) and exactly how the bonus is computed.
- Any year-one income guarantee and what happens when it ends.
- Call stipends, extra-shift rates, and whether call is included in base or paid separately.
- Partnership or shareholder track: timeline, buy-in cost, and the income difference once you make it.
- Who does the billing and collections, and what productivity is realistically required to hit the quoted income.
Step 3: Scrutinize malpractice coverage and the tail
This is one of the most expensive items people overlook. The type of policy determines whether you owe money when you leave.
- Occurrence policies cover claims from your employment period whenever filed — no tail needed.
- Claims-made policies require "tail" coverage when you leave, which can cost a substantial multiple of the annual premium.
- Negotiate who pays for the tail — ideally the employer, or the employer after a vesting period.
- Confirm coverage limits and whether the policy is portable.
Step 4: Pin down call, schedule, and time off
Lifestyle terms are negotiable and matter as much as money. Get specifics, not averages.
- Call frequency, weekend/holiday rotation, and whether it changes with seniority.
- Post-call protected time and how late add-on cases are handled.
- Vacation and CME days, plus the annual CME allowance.
- Whether the schedule is set by seniority, rotation, or a lead — and how disputes are resolved.
Step 5: Read the restrictive covenants carefully
Non-compete and related clauses can limit where you work next. Their enforceability varies by state, so understand the specific language.
- Non-compete: radius, duration, and which facilities it covers.
- Non-solicitation of patients, staff, and referral sources.
- Notice period for resignation and any "without cause" termination rights on both sides.
- What happens to your bonus, unused PTO, and partnership stake if you leave.
Step 6: Negotiate the right items, professionally
Prioritize a short list. Anchor your asks in market norms and frame them collaboratively rather than as ultimatums.
- Lead with your top 2–3 priorities (often: tail coverage, base/guarantee, call, start date).
- Use written, specific counter-language rather than vague requests.
- Trade: if they cannot move on base, ask about signing bonus, relocation, CME, or call relief.
- Keep the tone positive — you will be working with these people.
Step 7: Have a professional review it before you sign
A physician/clinician-contract attorney (and often an accountant or financial advisor) will catch issues you cannot. This is standard practice, not a sign of distrust.
- Use an attorney experienced with anesthesia or physician contracts, ideally licensed in the practice state.
- Ask them to flag the tail, non-compete enforceability, and termination clauses specifically.
- Only sign once every promise that mattered to you is in the written document — side promises do not count.
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