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What Is the Difference Between Physician Employment Agreements and Independent Contractor Agreements?

January 9th, 2025
Philadelphia Employment Lawyers at The Gold Law Firm P.C. Help You Understand Your Options

When physicians enter into professional agreements, they typically encounter two primary options: employment agreements and independent contractor agreements. Each has its own unique terms, responsibilities, and implications. Understanding these differences is crucial for making informed career decisions that align with one’s professional and personal goals.

Employment agreements and independent contractor agreements outline how physicians work with a healthcare organization or practice. However, the distinctions between these agreements affect everything from taxes to job responsibilities. Let us explore the key differences so you can make the best decision for your situation.

Physician Employment Agreements

Physician employment agreements establish a traditional employee-employer relationship between the physician and the healthcare organization. This means the organization hires the physician as a salaried employee with defined job responsibilities, expectations, and benefits.

One key feature of these agreements is the inclusion of employee benefits. Physicians typically receive health insurance, retirement plan options, paid time off, and other perks. Additionally, the employer often covers malpractice insurance and administrative support. These benefits can provide financial stability and peace of mind.

Another aspect of employment agreements is control. The employer determines the work schedule, patient load, and operational protocols. This can be beneficial for physicians who prefer a structured environment with minimal administrative responsibilities. However, it also means less autonomy in how you practice medicine.

Compensation structures in employment agreements usually include a base salary with the potential for bonuses tied to performance metrics. While this offers steady income, you may be subject to productivity targets and performance reviews.

Physicians under employment agreements are also subject to payroll taxes, as the employer handles tax withholdings. Additionally, these agreements often include restrictive covenants, such as non-compete clauses, which limit your ability to work with competing practices after leaving the organization.

Independent Contractor Agreements

On the other hand, independent contractor agreements position physicians as self-employed professionals who provide services to a healthcare organization. These agreements emphasize autonomy and flexibility but come with increased responsibilities.

Physicians working as independent contractors maintain control over their work. You can often set your schedule, negotiate patient load, and decide how to deliver care. This arrangement appeals to individuals seeking greater independence in their practice.

Unlike employment agreements, independent contractor agreements do not include traditional benefits. Physicians are responsible for obtaining health insurance, retirement savings plans, and malpractice coverage. These costs can add up, so factoring them into your financial planning is essential.

Compensation for independent contractors is typically higher than that of employed physicians, reflecting the lack of benefits and the assumption of additional responsibilities. Payments are made as fees for services rendered, which allows more flexibility in managing income. However, this income is subject to self-employment taxes, and you will need to file quarterly estimated tax payments.

Independent contractor agreements often allow physicians to work with multiple organizations simultaneously, offering more opportunities to diversify income streams. However, these agreements generally lack the long-term job security of employment agreements.

Because independent contractors operate as their businesses, you must manage administrative tasks such as invoicing, record-keeping, and compliance with tax laws. This can be a significant adjustment for those used to the support provided in traditional employment settings.

Which Agreement Is Right for You?

Choosing between a physician employment agreement and an independent contractor agreement depends on your priorities and professional goals. An employment agreement may be the better option if you value stability, benefits, and minimal administrative responsibilities. However, an independent contractor agreement might be a better fit if autonomy, flexibility, and higher earning potential are more important.

Regardless of your choice, it is essential to review these agreements carefully. Terms regarding compensation, termination, non-compete clauses, and malpractice coverage can significantly impact your career and financial well-being.

Philadelphia Employment Lawyers at The Gold Law Firm P.C. Help You Understand Your Options

Speak with the Philadelphia employment lawyers at The Gold Law Firm P.C. today. Call 215-569-1999 or contact us online to schedule your free consultation with our experienced legal team. With offices in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.

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