Physicians in Canada face important legal and financial decisions when signing an employment agreement, leaving a medical practice or having their contract terminated. The right legal advice can protect your income, compensation and career.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized physicians in Ontario, Alberta and British Columbia with employment contracts, termination, severance pay and workplace disputes.
? Employment Rights for Physicians: Whether you work for a clinic, medical practice or healthcare organization, your legal rights depend on your contract and working relationship. Being labelled an independent contractor doesn’t automatically eliminate your right to compensation.
On This Page:
- Physician Employment Contracts
- Termination & Severance
- Employee or Contractor?
- Compensation & Workplace Disputes
- Frequently Asked Questions
Employment Contract Lawyers for Physicians
Before signing a physician employment agreement, understand how it affects your compensation, working conditions and ability to leave the position.
Important contract terms include:
- Compensation: Salary, bonuses, fee-sharing arrangements and other payments
- Termination: How the agreement can end and what notice or compensation is required
- Restrictive covenants: Limits on working for competing clinics or contacting patients after leaving
- Exclusivity: Restrictions on working at other medical practices
- Contract changes: The employer’s ability to change your hours, responsibilities or compensation
A contract review before signing can prevent expensive disputes later.
Learn more about employment contracts and your rights.
Physician Termination and Severance Pay
Physicians who are legally employees can be entitled to substantial severance pay when dismissed without cause. Full severance pay in Canada can reach up to 24 months’ pay, depending on the circumstances.
Your entitlement depends on factors including:
- Your age and length of service
- Your position, responsibilities and compensation
- The availability of comparable employment
- The terms of your employment agreement
Severance can include salary, benefits and other compensation lost during the applicable notice period.
Don’t assume your employer’s first termination offer is everything you’re owed. Have your severance package reviewed before signing a release.
Are Physicians Employees or Independent Contractors?
Not every physician working at a clinic or hospital is an employee. Many operate independent practices or provide services through separate business arrangements.
Your actual working relationship determines your legal status:
- Employee: You work under an employer’s direction and have applicable employment-law protections.
- Dependent contractor: You operate as a contractor but rely heavily on one organization for income. You can be entitled to reasonable notice or compensation when the relationship ends.
- Independent contractor: You operate your own business. Your termination rights depend primarily on your agreement and applicable contract law.
The label on your contract doesn’t automatically determine your rights.
Read more about independent contractor rights and dependent contractor compensation.
Physician Compensation and Workplace Disputes
Employment disputes involving physicians often concern unpaid compensation, contract termination or significant changes to working arrangements.
Our employment law team assists with matters involving:
- Unpaid salary, bonuses and contractual compensation
- Wrongful dismissal and inadequate severance offers
- Major reductions in pay, hours or responsibilities
- Employment contract terms and enforceability
- Employee misclassification and dependent-contractor claims
If your employer has substantially changed your working conditions, don’t resign before speaking with an employment lawyer. Learn more about constructive dismissal.
Physician Employment Law: Frequently Asked Questions
Can a Physician Get Severance Pay?
Yes. Physicians who are legally employees can receive severance when dismissed without cause. Dependent contractors can also have termination compensation rights. Your employment status and agreement determine your entitlement.
Should a Lawyer Review My Physician Employment Contract?
Yes. A legal review helps identify terms affecting your income, termination rights, future employment opportunities and restrictions on working elsewhere.
Can a Medical Clinic Terminate a Physician’s Contract?
A clinic can end a physician’s contract subject to the agreement and applicable law. The notice and compensation required depend on whether the physician is an employee, dependent contractor or independent business operator.
Does Your Firm Handle CPSO Complaints or Hospital Privileges?
This service focuses on employment contracts, termination and workplace compensation disputes. Professional regulatory complaints, medical malpractice defence and hospital privilege proceedings are separate legal matters.
Need an Employment Lawyer for a Physician Contract or Termination?
Whether you’re reviewing a new employment agreement or dealing with a terminated physician position, understand your rights before signing away compensation or accepting restrictive terms.
The employment lawyers at Samfiru Tumarkin LLP represent non-unionized employees in Ontario, Alberta and British Columbia.
Before you sign, always check first.