GUIDELINES: STUDENT/NEW GRADUATE EMPLOYMENT AGREEMENTS HOD
G06-08-08-09 (Program 60) [Amend HOD G06-92-14-28] [Previously
titled: Guidelines: Student and Employer Contracts] [Guideline]
These guidelines are designed to assist the student/new graduate in
negotiating appropriate agreements that provide financial assistance in
exchange for a promise of future employment.
1. A student's/new graduate's interests are best served by obtaining
appropriate counsel prior to signing any agreement.
2. Any employment agreement should include and set forth in clear
language:
A) A statement that the agreement must not
interfere with the process and planning of the student’s
education.
B) Fair and reasonable terms for
any repayment provisions to the employer of the student’s/new
graduate’s education expenses.
C) Specific conditions under
which the student/new graduate may choose to leave employment without
penalty (eg, change of ownership).
D) Specific conditions under
which repayment of part or all of the education-related expenses may be
required (eg, personal choice).
E) A statement that if the
student's/new graduate's employment is terminated by the employer,
repayment of any employer-incurred education-related expenses should not
be required unless the termination is for cause (eg, poor
performance).
F) Reasonable restrictions in
duration and geographic extent of any non-compete clause, if one is
incorporated in the agreement.
3. The student's/new graduate's interests also are best served
by:
A) Obtaining full disclosure of ownership of the practice.
B) Determining whether the practice is involved in any situation in
which a referring practitioner can profit as a result of referring
patients/clients for physical therapy.
C) Reviewing the American Physical Therapy Association policies on
opposition to referral for profit (Ethical and Legal Considerations
for Clinical Education, Financial Considerations in Practice,
Opposition to Physician Ownership of Physical Therapy Services,
and Referral Relationships).
D) Understanding that the student's/new graduate's educational
program is not a party to the said agreement and is not bound by the
terms of the agreement.
E) Understanding potential tax obligations for deferred income that
may be incurred upon graduation or during employment as a result of the
employer carrying out its obligation under the agreement.
F) Discussing the employer's policies regarding access to mentoring
and regular collegial relationships and resources for professional
growth and development.
G) Reviewing other applicable Association documents including
American Physical Therapy Association Considerations for Practice
Opportunities and Professional Development.
Relationship to Vision 2020: Professionalism
(Program 60 – Academic/Clinical Education Affairs , ext 3203)
[Last updated: 12/09/08 | Contact: executivedept@apta.org]
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