Notice to Users Downloading This Form
EMPLOYMENT COMMITMENT CONTRACT
This Employment Contract (“Contract”) is made effective as of (insert Mo/Day/Year that contract is to begin), by and between (insert Employer’s Name) (“Employer”), of (insert employer’s address, city, state, zip) and (insert employee’s name) (Employee”), of (insert address, city, state, zip).
Employer is engaged in the business of (insert the term describing the
nature of the Practice; e.g., Radiology Medical Practice, Cardiovascular
Medicine Practice, Medical Imaging Center, etc) and will primarily
perform the job duties at the following location: (insert office location or locations where employment will be conducted).
Whereas, Employer desires to have the services of Employee, and
Whereas, Employee is willing to be employed by Employer.
NOW Therefore, the parties agree as follows:
SECTION I. EMPLOYMENT.
Employer shall employ Employee as an Ultrasonographer. Employee shall provide to (Employer) the following services: performance of diagnostic medical ultrasound examinations as ordered by Employer’s physicians. Employee accepts and agrees to such employment, and Employer’s supervisory personnel. Employee shall also perform (i) such other duties as are currently performed by an employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to Employee from time to time by Employer.
SECTION 2. BEST EFFORTS OF EMPLOYEE.
Employee agrees to perform faithfully, industriously, and to the best of Employee’s ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Contract, to the reasonable satisfaction of Employer. Such duties shall be provided at such place(s) as the needs, business, or opportunities of Employer may require from time to time.
SECTION 3. COMPENSATION OF EMPLOYEE.
As compensation for the services provided by Employee under this Contract, Employer will pay Employee compensation of (insert $ amount, salary or hourly), payable in accordance with Employee’s usual payroll procedures. Upon termination of this Contract, payments under this paragraph will cease; provided, however, that Employer shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which Employee has not yet been paid, and for any commission earned in accordance with Employer’s customary procedures, if applicable. Accrued vacation will be paid in accordance with state law and Employee’s customary procedures. This section of the contract is included only for accounting and payroll purposes and should not be construed as establishing a minimum or definite term of employment.
SECTION 4. CONDITIONAL PROVISION OF TRAINING SUPPORT.
As a condition of employment, Employer agrees to provide specialized training for Employee. This shall include payment of regular salary- or time-based compensation for the period incurred in travel to/from and in attendance of the training activity, tuition, travel, lodging and meal expenses directly related the training course(s) specified in Exhibit A, attached. Employer agrees to prepay actual tuition, travel, and lodging expenses incurred in the course of the training activity and further agrees to reimburse Employee for his/her actual, documented meal expenses in an amount totaling up to $________. Employee agrees to submit original dated receipts within ten (10) days following the Training activity. Employer agrees to reimburse all documented expenses, subject to the stated limit above, within ten days of submission by Employee. Employee agrees to attend all training activities specified in Exhibit A, and participate fully and in good faith so as to utilize learned skills in the course of his/her subsequent employment under this Contract. Employer shall provide reasonable time and resources to Employee as necessary to allow Employee to incorporate and execute acquired skills into the duties set forth under this contract. Employee agrees to perform due diligence in the incorporation and execution of new skills and information in the course of his/her employment.
SECTION 5. TERM OF EMPLOYMENT.
This Contract shall begin upon the date of execution set forth herein and shall continue for a period of two years, and thereafter unless terminated by either party with or without cause by the party desiring to terminate serving upon the other party at least 14 days prior written notice of termination during or after the initial year, or it may be terminated by Employer for cause, effective immediately upon service or written notice.
SECTION 6. CONDITIONAL REIMBURSEMENT UPON EARLY TERMINATION.
For value received under Section 4 above, Employee agrees to provide the services agreed to in this Contract for a period of two (2) years from date of execution. In the event of termination by Employee before this two-year period expires, Employee agrees to reimburse Employer for all expenses incurred in the Training activity set forth in Exhibit A. Employee agrees to fulfill reimbursement within thirty (30) days following his/her election to terminate. In the event Employer terminates this Contract prior to this two-year period, Employee shall be under no obligation to provide reimbursement for training activity expenses set forth in Exhibit A.
SECTION 7. SUCCESSORS AND ASSIGNS.
This agreement shall be binding upon the parties hereto, their respective legal representatives, successors and assigns, provided however, that this agreement shall not be assignable by Employee at any time.
SECTION 8. ARBITRATION.
The following provisions shall apply in the event of a dispute between the parties involving the terms of this Contract:
(a) Any disputes arising under or in connection with this agreement shall be resolved by arbitration, to be held in (specify city) in accordance with the rules and procedures of the American Arbitration Association.
(b) All costs, fees and expenses of any arbitration in connection with this agreement which result in any decision or settlement requiring the Employer to make a payment to the Employee, including, without limitation, attorneys fees of both the Employee and the Employer, shall be borne by, and be the obligation of, the Employer. In no event shall the Employee be required to reimburse the Employer for any of the costs and expenses incurred by the Employer relating to such arbitration. The obligation of the Employer under this section shall survive the termination for any reason of this agreement (whether such termination is by the Employer, by the Employee, or upon the expiration of this agreement or otherwise).
(c) Pending the outcome or resolution of any arbitration, Employer shall continue payment of all amounts due under terms of this Contract to Employee without regard to any dispute.
SECTION 9. ENFORCEMENT.
Company and you will to be entitled to pursue all legal and equitable rights and remedies to secure performance of their respective obligations and duties under this agreement, unless otherwise expressly provided herein, and enforcement of one or more of these rights and remedies will not preclude company or you from pursuing any other rights or remedies.
SECTION 10. SEVERABILITY.
In the event that any provision or portion of this agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this agreement shall be unaffected thereby and shall remain in full force and effect to the extent permitted by law.
SECTION 11. HEADINGS.
The headings of the sections contained in this agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement.
SECTION 12. ENTIRE AGREEMENT.
The entire understanding and agreement between the parties has been incorporated into this agreement, and this agreement supersedes any other agreements and understandings between the parties with respect to Employee’s employment by Employer. There are no other promises, representations, understandings or inducements other than those specifically set forth in this agreement. This agreement may not be altered, amended or added to accept a single writing signed by both parties. This agreement in all matters and issues collateral thereto shall be governed by laws of (specify state) applicable to contracts entered into and performed entirely within the [specify state], with respect to the determination of any claim, dispute or disagreement, which may arise out of the interpretation, performance or breach of this agreement, and will be subject to enforcement and interpretation solely in the appropriate courts of (specify state).
By signing this Contract, I hereby certify that I
(a) have received a copy of this Contract to review and study before signing it;
(b) have read this agreement carefully before signing it;
(c) have had sufficient opportunity before signing it to ask any questions about it and have received satisfactory answers to all of my
(d) have had an opportunity to discuss it with my own legal counsel and to be advised as to its terms and your obligations and rights under it,
(e) understand my rights and obligations under this Contract.
ATTACHMENT TO EMPLOYMENT CONTRACT AGREEMENT
(List Provider, Title of Activity, Location, Dates)
Expenses Subject to Prepayment:
(List tuition, travel, and lodging expenses to be paid by Employer)
Expenses subject to Reimbursement:
(Enter amount for which Employee will be reimbursed following the training activity, including ground transportation and meals.)
Initialed by: __________________ __________________