Legal Question in Employment Law in Indiana

residence in county of employer

Husband is orthopaedic surgeon. We currently live in AZ but wish to relocate back to IL where we are renting out our primary residence. Potential employer is in IN 45 miles away. Contract states physician must reside in their county.Is it legal for husband to rent apartment in their county stay there while on call, during bad weather etc. while my son and I reside in our primary home 45 miles away in IL.


Asked on 11/16/08, 5:45 pm

2 Answers from Attorneys
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: residence in county of employer

We would need to review the contract in light of the defined terms "reside" and maybe domicile. We can research and advise for a flat fee of $950.00.

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Answered on 11/20/08, 2:46 pm
Blake Simms W. Blake Simms, P.C.

Re: residence in county of employer

Whether you can do this is going to depend on the language in the contract, as there is no law, other than contract law, that would govern such a provision. It is possible the clause is ambiguous. At that point, it becomes a matter of whether he wants to take a risk in interpreting the contract in a manner that may be at odds with his employer's interpretation.

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Answered on 6/15/09, 1:29 pm


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