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Terminating Your Physician Employment Agreement

Many of our physician clients are unaware of their termination rights prior to meeting with us.

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If you want to terminate your employment, the first thing you need to do is read your contract.

Most physician employment agreements have substantial termination provisions. You need to know what yours says regarding termination with and without cause, what notice is required, and what other provisions will be triggered by termination.

Many times, employment agreements have an expiration date. For example, if the contract is a three year agreement with an effective date of January 1, 2023 the contract will expire on December 31, 2025. However, it is essential to be aware of any automatic renewal provisions. Some contracts require advance notice on the part of the physician to prevent the automatic renewal.

We also see many extensive provisions for termination without cause. Not all contracts include a termination without cause provision. A termination without cause provision allows you to terminate the contract for any reason or no reason at all. There is usually a requirement to provide written notice in advance, sometimes thirty days prior to termination, sometimes longer.

There are also often termination for cause provisionswhich will list reasons that enable physician to terminate the contract before the expiration date.

No matter the reason for termination, there may be other clauses that will be triggered. It is essential to carefully review every provision of your contract with your attorney to know what consequences or obligations may be triggered.

For example, if you have a non-compete provision, that may be triggered by any termination. There may also be other provisions that can be triggered such as repayment provisions, confidential information provisions, and more.

It is essential to read the entirety of the contract to know the consequences you will face if you terminate your employment agreement.

You also want to loop your attorney in early, so that they can help you understand the ramifications, but also so they can help you approach your employer appropriately. You may want to ask your employer to waive certain provisions and your attorney can help you draft any related amendments.

We help our clients understand their contracts, potential consequences, and best routes for termination.

If you have questions or need help with your healthcare contract or your termination clause, contact Rickard & Associates today.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

What You Need to Know About Licensing and Credentialing

Many of our clients have had questions or issues regarding their license or credentialing. New physicians and physicians who have been practicing for years can all encounter issues with their medical licenses. We help our clients work to get the answers and results they need.

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Depending on the issues that you may be having, there are different approaches to take in dealing with the Bureau of Professional Licensing and the Board regarding your medical license.

However, no matter what stage you are at, there are certain steps you can take to improve your interactions.

First, make sure that you have all your documents in order. When dealing with licensing, it is likely that no matter the reason, they will require proof and written records. Depending on the nature of your interaction, you may need complete records of the following:

  • Continuing education credits,
  • Community service/volunteer work,
  • Letters of recommendation,
  • Proof of various trainings related to human trafficking, opioids, etc.,
  • education,
  • and more.

Second, know the statutes that apply. Various statute will likely apply to your situation and it is important that you are familiar with the laws. The statutes will impose certain requirements.

Third, dot your i’s and cross your t’s. Make sure that you are following the required formats for all submissions. Double check that no records are missing and that all of your explanations are in order. Know what needs to be notarized, and ensure that your notary follows the required format. It may be wise to have a third party review your documents prior to submission.

Fourth, follow up. If you can find a contact, following up on your documents can ensure that you have accurately submitted all requirements and are not missing any supporting information.

Finally, know when to call the experts. When problems with your medical license arise, it is essential you take it seriously. Find a healthcare attorney who is familiar with licensing and credentialing to help you from start to finish. At Rickard & Associates, we help make the process as easy as possible for our clients and work with them every step of the way.

If you need help, let us know. Having an advocate familiar with the process can make a big difference when it comes to your license.

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We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

What is a Medical Power of Attorney?

One document that we recommend for almost all of our estate planning clients is a Medical Durable Power of Attorney. This document allows you to select the person who will make medical decisions on your behalf, if you are incapacitated or unable to make them yourself.

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A Medical Durable Power of Attorney is an essential document, as no one can predict their incapacity.

This legal document allows you to list medical directions that you would like to follow.

It is important to choose a patient advocate that you know will follow your wishes and help ensure that you are taken care of in the manner that you would want.

You should discuss the relevant provisions with your patient advocate, and make sure that they are willing to act in the event of your incapacity.

It is also a good idea to have a backup person, in case your first patient advocate is unable to act.

When should you have a Medical Power of Attorney?

When you turn 18 or whatever age you are now.

As you are no longer a minor, you need to select who you want to be involved in healthcare decisions. This may be parents or relatives, but it should be in writing.

Powers of Attorney should be updated over time, as relationships and situations change.

If you have questions about Medical Powers of Attorney or need one updated or put in place, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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My Loved One Passed Away – What Do I Need To Do?

Losing a loved one is incredibly hard. We help our clients with the administrative and legal aspects following the death of a loved one.

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When a loved one dies, there are many things to do and many are time sensitive.

First, there are many practical items to consider. These may include:

  • Finding care for any pets;
  • Determining if there are funeral instructions, arrangements, or prepayments;
  • Notifying family and friends;
  • Preparing an obituary;
  • Securing the home, and many other practical items.

After the initial matters have been addressed, it is important to know whether there is an estate plan.

The trustee must be notified so that they can take action, pursuant to the terms of the estate plan.

Even if no estate plan exists, surviving loved ones should still take action to:

  • Determine any professional advisors, such as financial advisors, lawyers, etc.;
  • Obtain copies of the death certificate; and
  • locate any life insurance policies, bank statements, and other legal documents.

The administrative side of losing a loved one can be overwhelming.

We help our clients walk through this critical and trying time to help make the process as smooth as possible.

If you need help with your estate plan or following the death of a loved one, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

We publish vital information every Wednesday and Friday. To get this important information delivered directly to your mailbox,

Contact us today with all your legal needs!

Groves coffee house gets new owners, expands to Orange County – Port Arthur News

Groves coffee house gets new owners, expands to Orange County

Published 12:22 am Friday, April 7, 2023

One of the drinks offered at Sundara. (Courtesy photo)

GROVES — Paul Borel was a long time customer of Sundara Coffee House & Grill before he became the owner.

Borel would go to the Groves shop daily for what he described as the best coffee he’s ever had, which was created by original owners Herb and Cindy Kreutzer.

The business changed hands and later, when a different owner considered closing Sundara, Borel made an offer.

“It’s been a part of the Groves community for years,” Borel said. “I’m born and raised in Groves and wanted to keep it alive. I have nothing but admiration for Herb and Cindy, and I want to keep their legacy going.”

Borel also worried about the dedicated employees, saying he couldn’t let them lose their jobs.

Sundara serves freshly made baked items. (Courtesy photo)

The allure of the roast

Borel is enamored with the coffee that the Kreutzers serve, and he continues to serve it.

“Herb and Cindy did some extensive research and they came up with a special blend of three different beans from Mexico, Columbia and Brazil and they experimented with a roasting company until they found the exact way to roast the beans,” he said.

“It is specific to Sundara, and Sundara is the only place you can have it. It is a unique flavour; once you taste it you won’t want coffee from anywhere else. I really believe that. I would go every day before I was the owner.

Adrian Todd, Sundara’s general manager, has a long history of working in the restaurant business and is capable of juggling the necessary duties, as well as acting as a barista, cooking and running supplies to the Orangefield location.

He said the most popular drink is the caramel frappe.

Todd said it is similar to what one might get at another coffee shop nearby.

“But it’s made with love, that’s what I like to say,” Todd said.

He is in the process of developing a drink specifically for the City of Groves. Todd did some research and learned from Groves’ ties to pecans.

“A pecan praline frappe,” he said of what the Groves-inspired drink would be. “I did some surveys beforehand and asked folks if they would buy it, and they found it enticing. I have people still pressing me to know when (I will do it.)”

atmosphere

Todd said the atmosphere at Sundara is community driven, even if there is a well-known coffee chain business down the street.

“This is the place where folks can run into their neighbors, run into their friends and sit outside and talk,” Todd said. “I spent 20 years in San Antonio in the restaurant business. Coffee shops like this have always been special to me because that’s where I would hang out in San Antonio, where I would go.”

Todd isn’t looking to reinvent the wheel at Sundara. He wanted to keep the original legacy alive and breathe some fresh air into the shop, he said.

Sundara’s Orangefield location is at 6381 FM 1442 — the corner of FM 105 and FM 1442. (Courtesy photo)

Orangefield

The Orangefield location at 6381 FM 1442 — the corner of FM 105 and FM 1442 — opened in December and, currently, serves the coffees with a few exceptions.

Borel said they send soups and baked goods to Orangefield which are cooked in the Groves location.

He said the public reaction has been overwhelming.

“It’s amazing the support we’ve gotten, the likes and responses we got,” Borel said.

Like the Groves community, the Orangefield community welcomed Sundara with open arms, he said.

Future

Borel is looking to become more involved in the community and collaborate with other local businesses. He’s already on that path with a Sundara loyalty card that, after a certain amount of purchases, the card bearer can get a free car wash at a local business.

Employees of that business are then able to get discounts on their purchases at the coffee house.

Borel looks to add more businesses to the card, he said.

The future of the Orangefield location includes the possibility of adding a kitchen, he added.

What is a Power of Attorney?

Many of our clients have heard of the powers of attorney, but do not know what they actually entail.

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It is important to know that there are different types of powers of attorney, however, they are all legal documents that allow you to pick an agent or attorney-in-fact on your behalf.

Powers of attorney allow another person to make financial, legal, and medical decisions for you, depending on the type.

There are different types of powers of attorney. Some include:

  1. Durable Power of Attorney – A durable power of attorney is one that is effective, even upon incapacitation. It allows the appointed person the power to make decisions on your behalf, whether financial or legal.
  2. Limited Power of Attorney – A limited power of attorney restricts the powers to certain designated powers, such as selling property.
  3. Medical Power of Attorney – This allows you to name a person to make medical decisions for you. This is helpful if you are incapacitated and need medical care.

There are other ways to structure powers of attorney too.

Many people choose their spouse or a close relative to act as their power of attorney.

If you no longer want that person to act on your behalf, you can revoke your power of attorney and pick a new person to list in new documents.

The reason we recommend having the powers of attorney in place is so that you are in control of who makes decisions on your behalf, should you be unable to make those decisions.

If you need help with your power of attorney, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

We publish vital information every Wednesday and Friday. To get this important information delivered directly to your mailbox,

Contact us today with all your legal needs!

Canada’s transportation supply chains are near breaking point

Susannah Pierce and Murad Al-Katib: 100 days after the task force identified crisis, businesses are still waiting for action from Ottawa

Published January 29, 2023 • Last updated Jan 30, 2023 • 3 minute read

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A highway in BC is washed out by flooding. From the global pandemic to the wildfires and flooding in British Columbia, to physical disruptions due to blockades and strikes, Canada's transportation system has suffered severe disruptions.
A highway in BC is washed out by flooding. From the global pandemic to the wildfires and flooding in British Columbia, to physical disruptions due to blockades and strikes, Canada’s transportation system has suffered severe disruptions. Photo by BC Transportation Ministry

Just over a hundred days have now passed since the Supply Chain Task Force’s independent report to the federal government indicated that “Canada’s transportation supply chain is nearing its breaking point.” And even though task forces are typically established to urgently address a problem in need of a solution, Canadian businesses are still waiting on concrete action to improve the transportation infrastructure and supply chains that serve as a cornerstone of our economy.

From the global pandemic to the wildfires and flooding in British Columbia, to physical disruptions due to blockades and strikes, our transportation system has suffered severe disruptions — some preventable and some unavoidable — that have stretched it beyond its limits.

Nearly a quarter of businesses continue to struggle to get the goods they need

The issue has only escalated, and we’ve run out of time. According to the latest Canadian Survey on Business Conditions Report, nearly a quarter of businesses continue to struggle to get the goods they need, putting operations and growth at risk. To position Canada as a strong competitor and reliable trading partner to our allies and grow our economy, the government must join forces with industry stakeholders to address the transportation supply chain crisis.

The path forward is clear.

First, while the government isn’t solely responsible for infrastructure investment, its leadership is critical. A federal commitment to major, strategic, long-term investments is key to building Canada’s trade infrastructure – a crucial consideration as the government deliberates its next budget.

Without serious investment, we risk hindering Canada’s economic growth, competitiveness and international reputation as a reliable partner for business. With the current geopolitical crisis, the world needs more Canada, from the agricultural goods we produce, to energy transported by rail and pipeline to products manufactured in Canada — we can’t accept trade infrastructure that doesn’t have capacity or can reliably transport goods on time.

The government needs to work with businesses to set clear priorities on infrastructure projects that will bring forward measurable economic returns as well as properly triaging projects that will put food on shelves, deliver the goods businesses need to operate and get Canadian products to global markets.

These projects should include safeguarding critical infrastructure that will ensure our supply chains can continue uninterrupted if a primary route is damaged or blocked. Others will expand rail in busy areas as well as increase bridge capacity to reduce congestion and speed up delivery.

Another critical step forward is developing a vision for Canada’s trade corridors.

Because Canada is a trading nation, our trade infrastructure matters. Two out of every three dollars that Canada makes rely on moving goods.

Trade corridors are key to this transportation of goods, and the government must look to work with businesses to develop new gateway strategies, including those for Western, St. Lawrence and Arctic Gateways.

Each corridor strategy would lay out how the government would work with provinces, the private sector, communities and Indigenous peoples to identify the capacity challenges facing our corridor transportation systems and develop a pipeline of actionable solutions.

Finally, the government must accelerate regulatory modernization.

Regulation continues to be a growing concern, with nearly 25 per cent of businesses that trade interprovincially citing red tape, such as different certifications and technical standards, as a major obstacle to doing business within Canada.

Regulatory effectiveness is integral to a competitive environment and requires regulating smarter to attract new economic opportunities to Canada.

Regulatory uncertainty and changing expectations in the regulatory process are a poison pill to those looking to invest billions of dollars developing new pipelines, new mines and other large-scale nation-building infrastructure projects. We need predictable timelines to encourage capital investment. It can’t take a decade to approve infrastructure projects. In this sense, streamlining the regulatory process and adopting strict timelines for approving major infrastructure projects is essential — and long overdue.

An efficient and reliable transportation network inclusive of trade corridors is key to Canada’s economic growth and partnerships with countries in desperate need of stable, reliable trading partners. Without it, we are jeopardizing the success and livelihood of Canadians and their businesses as well as the growth and prosperity of our country and our allies need. We can’t wait another 100 days for meaningful action.

Susannah Pierce is Shell Canada President and Country Chair and VP Emerging Energy Solutions. Murad Al-Katib is the President and Chief Executive Officer for AGT Food and Ingredients. Together they co-chair the Canadian Chamber of Commerce’s Western Executive Council.

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a trial over his tweets about Tesla

MICHAEL LIEDTKE Associated Press

SAN FRANCISCO — While still grappling with the fallout from a company he did take private, billionaire Elon Musk is now facing a trial over a company he didn’t.

Long before Musk purchased Twitter for $44 billion in October, he had set his sights on Tesla, the electric automaker where he continues to serve as CEO and from which he derives most of his wealth and fame.

Musk claimed in an Aug. 7, 2018 tweet that he had lined up the financing to pay for a $72 billion buyout of Tesla, which he then amplified with a follow-up statement that made a deal seem imminent.

But the buyout never materialized and now Musk will have to explain his actions under oath in a federal court in San Francisco. The trial, which began on Tuesday with jury selection, was triggered by a class-action lawsuit on behalf of investors who owned Tesla stock for a 10-day period in August 2018.

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Musk’s tweets back then fueled a rally in Tesla’s stock price that abruptly ended a week later, after it became apparent that he didn’t have the funding for a buyout after all. That resulted in him scrapping his plan to take the automaker private, culminating in a $40 million settlement with US securities regulators that also required him to step down as the company’s chairman.

Musk has since contended he entered that settlement under pressure and maintained he believes he had locked up financial backing for a Tesla buyout during meetings with representatives from Saudi Arabia’s Public Investment Fund.

The trial’s outcome may hinge on the jury’s interpretation of Musk’s motive for tweets that US District Judge Edward Chen has already decided was a falsehood.

Chen dealt Musk another setback on Friday, when he rejected Musk’s bid to transfer the trial to a federal court in Texas, where Tesla moved its headquarters in 2021. Musk had argued that negative coverage of his Twitter purchase had poisoned the jury pool in the San Francisco Bay Area.

Musk’s leadership of Twitter — where he has gutted the staff and released internal documents highlighting censorship of users and Twitter’s hand-in-glove relationship with federal agencies — has proven unpopular among Tesla’s current stockholders, who are worried he has been devoting less time steering the automaker at a time of intensifying competition. Those concerns contributed to a 65% percent decline in Tesla’s stock last year that wiped out more than $700 billion in shareholder wealth — far more than the $14 billion swing in fortune that occurred between the company’s high and low stock prices during the Aug. 7-17, 2018 period covered in the class-action lawsuit.

The lawsuit is based on the premise that Tesla’s shares wouldn’t have traded at such a wide range if Musk hadn’t dangled the prospect of buying the company for $420 per share. Tesla’s stock has split twice since then, making that $420 price worth $28 on an adjusted basis now. The shares closed last week at $122.40, down from its November 2021 split-adjusted peak of $414.50.

After Musk dropped the idea of ​​a Tesla buyout, the company overcame a production problem, resulting in a rapid upturn in car sales that caused its stock to soar and minted Musk as the world’s richest person until he bought Twitter. Musk dropped from the top spot on the wealth list after the stock market’s backlash to his handling of Twitter.

The trial is likely to provide insights into Musk’s management style, given the witness list includes some of Tesla’s current and former top executives and board members, including luminaries such as Larry Ellison, Oracle co-founder, as well as James Murdoch, the son of media mogul Rupert Murdoch. The drama may also shed light on Musk’s relationship with his brother, Kimbal, who is on the list of potential witnesses who may be called during a trial scheduled to continue through Feb. 1.