Legal Question in Employment Law in Wisconsin

Re: Physician employment agreement

These are actually rather broad questions, particularly given my experience working with physicians who have (at some point) received the short end of the stick in their physician/HCP organization contracts, whether it be their non-compete provisions or discipline or otherwise.

GENERALLY SPEAKING, most contracts between a physician and the employing entity have a provision near the end that states that the terms of the agreement can be altered, but usually this is only allowed if the alteration is mutual. I DON'T KNOW WHAT YOUR CONTRACT SAYS, however.

If the employer does make a material alteration to the contract that is more favorable to it and not favorable to the physician, then generally, there might be a new "addendum" or something like that (i.e., not necessarily an entire "new contract"), but I would also think that the employer may be required to pay something as "consideration" to bind the new terms. Again, ALL of this depends on the contract language and the purported alteration.

Frankly, I don't think any lawyer can give you any substantive direction without first reviewing all the language and having a detailed consultation with you.

As for the collective bargaining question, unionizing and the NLRA (National Labor Relations Act) is not an area wherein I have a great deal of experience (although a couple of other lawyers in my firm do). GENERALLY, employees are free to talk about forming a union and engaging in what is called "protected concerted activity" without "fear" of retaliation (such as termination). So, in theory, a group of physicians could organize and form a union. Frequently, nurses are unionized. Rarely, if ever, do physicians get unionized...and I think that is because of the contracts they sign.

For instance, in your situation, you already have a contract wherein organizing may actually breach the contract. Of course, this takes an analysis of the contract. But, I'd guess that if you have a contract, organizing would probably constitute breach of the contract. Again, who knows, however, without seeing the language, that's just a hunch.

Sounds like you need a consultation with a lawyer, particular if you are considering any potential significant actions. Here's some info about me, if you are interested. Regardless of who you talk to, it sounds like you should talk to someone.