Unexpected opportunity; what to do?

[to be continued ...]

Ok, first the background:

I've had my private practice for just under 1 year now. I signed a 2 yr lease contract with another LMT for the AMAZING rate of $125/month and have use of the room 3 days/week. The room was completely empty and I have provided all of the equipment, decor and even painted recently. At this time, no one else is sharing it with me but that may change in the future and I'm perfectly fine with that. All my materials have my office address and I recently bought an ad at an apartment complex that will be good for a full year (those large magnetic wipe off boards they put on the fridges in each apartment).

Summer was slow so I sucked it up and picked up 2 evening shifts/week working at a discount chain over a half hour north of me. Unfortunately, the two days they gave me were 2 of my 3 days I have available at my private practice. For now it's not an issue as I don't have the demand yet that would require me to be available those times. However for two weeks straight now, the discount place has told me not to come in as they are slow too! :irked:

I have a couple regular clients at my practice that allow me to easily make my rent and pay for my cell service. Now, the woman I rent from mentioned that a chiropractor she knows was looking for a MT and that while she's too busy to take that on, she thought I might be interested. So I contacted the woman and had an interview with her today. I liked the place and everyone seemed very nice and professional. This chiropractor really liked my work (did a 30 min. session on her), and would like me to join her practice as a IC with a 50/50 split (60/40 me if I bring the client in), they provide & handle everything, I provide my availability and how I want appointments scheduled, and throw a load of linens in the machines every now and then. I'm fine with that.

BUT

She doesn't want me to have my own practice outside of her business. She said flat out that she's concerned I may "steal patients" for my practice! I understand completely why she is concerned and she has a right to be so. However, I've worked so hard for my practice and I tried to offer a compromise saying I would change my website and materials to give the chiropractic office as my location, and just keep my office for my current clients (and friends and family from out of state). I'm even willing to cut back my availability at my office. But I can't stop the advertising already out there; I've paid for it and I'm entitled to any clients I get from it. She seemed very eager at the idea of me only working at her place and completely doing away with my private practice. :undecided:

This is the part of the agreement that concerns me most:

Agreement Not to Solicit Patients. During the course of this Agreement and for a period of (1) year following the termination of, I will not, directly or indirectly (emphasis mine), as owner, officer, director, stockholder, partner, associate, consultant, manager, advisor, representative, employee, agent, creditor, or otherwise, attempt to solicit or in any way disturb or service any person, firm or corporation that has been a patient of The Company at any time or times within (1) year prior to the termination of this Agreement, whether or not I had direct account responsibility for a contact with such customer account.

These are also in there, but I'm fine with them:

Contractor shall have the right to maintain lists of their clients who have received massage services and shall not be prevented from delivering massage services during the term of this agreement and after termination to their patients.

Contractor agrees not to solicit Company patients for massage services delivered elsewhere. Remedy for breach of this item will be immediate termination of the agreement.

Any words of wisdom? Advice? The other LMT that rents at the same office as me, also works at a chiropractic office in the same city. She does not advertise her PP but she is always busy at both places. Though, she has also been practicing here several more years than I have.

I'm not looking to be busy; my eventual goal for my PP is only 4 clients/week which be more than enough for me to survive on which is why I'd be happy working the IC job and not having any added responsibility (I told her I'd be able to work 2 days/week and take 4 appointments each day, to start). Should I just accept the contract as is, not promote/advertise for my PP and just depend on my current clients and word of mouth? Should I try to negotiate the part about no "indirect" solicitation of patients out? I really don't mind my PP becoming secondary, but I'd feel more secure knowing I had it to fall back on if I ever needed to. Oh! I have such a headache!

Thanks for reading! t024

 

[Megs]

Unexpected opportunity; what to do?

My impression of your situation is that you're covering your bills and want to have some income beyond breaking even, so if I was in your situation I would probably just keep and focus on my private practice. If you stay at the franchise place with no guaranteed work, I'd see if I could schedule your availability at either one place or the other. If you take the job in the chiro office, if they're not okay with you keeping your side practice you might need to direct any clients brought in by your advertisements to make an appointment through the office instead. You've invested a lot in it though, and I would personally be slow to just drop that after only a year.

Best of luck!

 

[seductress]

Unexpected opportunity; what to do?

I would decline.

I work for a chiro and have a private practice. I send them business and they send me business. Occasionally if their patients can't get in for massage at their clinic they will come see me in my private practice. We work together to serve our community and we don't compete for clients/patients.

I'm so sick of seeing people make business decisions out of fear. I know its a normal reaction, but there is a better way.

 

[francisco h]

Unexpected opportunity; what to do?

After about 3 years of me working where I work suddenly the boss called me in for a discussion. She had let someone go that she thought was trying to gather other staff members and go start her own business. (Which actually wasn't the case.)

But anyway, the boss wanted me to let my 12 yr old private practice go. (And I really only have a handful of clients who I make outcalls for. Clients I know would not come to the spa.)

I told them I was not going to give up my private practice, they knew I had my private practice when they hired me. I figured if they fired me over the fact I didn't want to sign a non-compete after all that time, then they didn't deserve me as an employee. They dropped it... and I still work there.

Personal opinion, stick to your guns if you take the chiro job. Tell them you're committed for another year to rent and pay for the space. And let them know you'll be happy to refer clients who would benefit from chiropractic care to their office. Maybe they'll appreciate your willingness to help build their business too.

 

[scip779io]

Unexpected opportunity; what to do?

Agreed, I would also decline. That headache could turn into a migraine! I've attempted something similar before, fortunately both owners trusted me but even then it was still a difficult situation to manage in an ethical manner. In this case, she doesn't seem to trust you or really know your character. It sounds good and I know you'd like the extra work, but I don't think the stress is worth it. Surely something else will come along for the extra income you need! The eagerness she has for you to come over to her space and do away with your practice should NOT be discounted, she's let you glimpse her true nature of what she really wants and you would be wise to realize it. :altwink:

 

[MIL HOUSE MD]

Unexpected opportunity; what to do?

I agree with Timedess and would also advise maybe not CCing it to anyone. Even if you knew for a fact that the person who sent you the agreement is her lawyer, if she wants his advice on the matter that's her responsibility to take it to him, not yours. I'm all for including non-essential people in a situation as little as possible (especially when it comes to lawyers).

 

[hotchick02]

Unexpected opportunity; what to do?

akashafive,

I like the thoroughness you have provided in your follow-up letter to the DC. It shows that you have thought about the contract and its terms. I also like that you provided specific language toward the contract, regarding the negotiations.

I would think that any DC who had an eye for someone trying to be honest about the matter, would look favorably on the information you have provided.

I hope that you will continue to follow up with the details, on this thread. I am sure it will be useful to a number of MT's out there.

 

[Mr Bored sober]

Unexpected opportunity; what to do?

I totally agree with Timedess & Taoist.

And I agree with pueppi too... IMO any savvy Chiro would be Proud to have you on their health care team!

 

[Selly]

Unexpected opportunity; what to do?

Alright, I've spent all of Sunday thinking about this situation and considering all of your wonderful, thoughtful replies. I agree with everything you have all said and know in my gut I do not want to even consider giving up my practice. I've decided to simply reply straight to the chiropractor that I am not going to accept the offer.

I understand that she is most likely looking for someone to work strictly for her practice and not interested in an MT who has there own place. She actually already has one room being rented by a new LMT just starting (but is still working full time as a nurse), so she's not being left high and dry. This DC has had many MT's over the years and she even told me she got rid of one because that MT had the audacity to refer a client to a physical therapist outside the practice (even though there wasn't one working at the DC's).

I feel much better with this decision and I know, as you've all reminded me , that something better will come along if I need it! (Though I would have loved to experience the whole negotiation procedure )

Thanks again for all your time and advice! It is greatly appreciated!!! t060

 

[Assist_u]

Unexpected opportunity; what to do?

Alright, I've spent all of Sunday thinking about this situation and considering all of your wonderful, thoughtful replies. I agree with everything you have all said and know in my gut I do not want to even consider giving up my practice. I've decided to simply reply straight to the chiropractor that I am not going to accept the offer.

I understand that she is most likely looking for someone to work strictly for her practice and not interested in an MT who has there own place. She actually already has one room being rented by a new LMT just starting (but is still working full time as a nurse), so she's not being left high and dry. This DC has had many MT's over the years and she even told me she got rid of one because that MT had the audacity to refer a client to a physical therapist outside the practice (even though there wasn't one working at the DC's).

I feel much better with this decision and I know, as you've all reminded me , that something better will come along if I need it! (Though I would have loved to experience the whole negotiation procedure )

Thanks again for all your time and advice! It is greatly appreciated!!! t060

Isn't it kind of a rush when you go with your intuition and the decision is kind of against your logic? : I recently did this.. I had an energy reading session not too long ago and was told that staying at the massage school where I'd been working was totally dragging me down and would actually start being harmful if I stayed any longer, even just to teach. It was completely illogical and I despaired over the loss of income, but I knew she was right so I quit. It has been scary! Sure, money has gotten a bit tighter, but so far it as been okay and sometimes I have to laugh at myself for being such a scaredy-cat.

Anyway, I'm glad you're happy with your decision too!

 

[TemskyncTes]

Unexpected opportunity; what to do?

While I wasn't able to chime in during your deliberation period, I want to commend you for following your heart and making the decision that is going to be best for you in the long run. Kudos to you!!

I also wanted to take a moment to comment on this though...

This DC has had many MT's over the years and she even told me she got rid of one because that MT had the audacity to refer a client to a physical therapist outside the practice (even though there wasn't one working at the DC's).

IMO, I think the DC released the MT not because they referred a patient outside the practice but because it is not the MT's place to direct a patient's care (assuming this patient was under the care of the DC.) I work with a few doctors and I would NEVER attempt to circumvent the referring physician's treatment plan. If I thought a patient needed a type of treatment they weren't getting, I would either suggest the patient ask their doctor about it ("Have you talked to your doctor about maybe seeing a PT?") OR talk to the doctor directly ("I think this patient might benefit from seeing a PT.") If the client in question was not under this DC's care, how did the DC find out about the referral?

It sounds like this DC has been burned more than once by a MT working in their office; hence the non-compete and other clauses in the agreement.

 

[AFKnight]

Unexpected opportunity; what to do?

Pete, thank you for sharing your thoughts! I realize that being a strong optimist I am forever trying to make everything work out, but as many of you have just seen, I often spend way too much energy and time pursuing paths that I already know I don't actually want. :

Regarding the MT let go by the DC for referring out to a PT, I do know that the DC was seeing the client as a patient (at least after the fact). The massage therapy at this practice is all on a cash basis and the DC does not bill for any of it, however she was very clear that she wanted communication between the MT's and the DC's regarding anything to do the clients and their treatments so adjustments/plans could be made if needed and especially if the patient felt the chiropractic work wasn't helping. So like you suggested, in that case the MT probably should have suggested the client talk to the DC first before seeking out the PT. Apparently the client came in afterward to see the DC and told her she had been to see a PT. When the DC asked why, the client said "your therapist told me I should".

It sounds like this DC has been burned more than once by a MT working in their office; hence the non-compete and other clauses in the agreement.

:iagree: I thought the very same thing.