Can a MD's employer claim use of an "implied" employment contract and ignore 1996 executed contract?

My husband is a physician in a large multi-spec practice. His employer offered and executed an employment contract in 1996 with an established term date of 12 months with a provision stating "On or about July 1, 1997, and on or about each July 1 thereafter as long as Employee is employed hereunder, Employer and Employee shall negotiate in good faith to extend the term hereof of one (1) additional fiscal year upon terms and conditions that are fair and reasonable to the parties under the circumstances then existing." The employer did not negotiate, present or execute any contract since the original on Oct. 1, 1996. In 2000, the employer changed from a P.C. to and L.L.C. and offered a new employment contract to the physicians. My husband was not presented such and to this date does not have such executed. The employer cannot provide any documentation that such contract was presented or executed and thus states they are working off an "implied contract" which compensates my husband in a dramatically different fashion than established in the 1996 contract. Over the past 16 years he has expressed grievances verbal and written about reduced compensation. Does the 1996 contract apply or is he subject to an unexecuted implied contract? Was the 1996 contract considered an asset to be adopted by the LLC? We are considering taking legal action for breach of contract but need to be certain of the validity to our claim that the 1996 contract is in force.

0 answers  |  asked Jan 26, 2017 09:15 AM [EST]  |  applies to Georgia

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