The healthcare industry in California is made up of a number of different occupations, but among the most prominent are physicians. Physicians are often the public face of a healthcare organization, providing medical care and treatment in any number of specialized areas, from specific types of diseases to generalized primary care. While being a physician comes with a huge responsibility, it also has the distinction of being one of the most heavily regulated occupations in California. This stands to reason, as physicians have a direct impact on a person’s health.
Not only do physicians work on their own, but they frequently are contracted to perform medical care for one of California’s numerous hospitals or other healthcare providers. According to the Kaiser Family Foundation, California has the largest number of physicians of any state in the United States, with over 122,000 active physicians as of 2022. This includes both primary care physicians and specialists. No matter what specialty or practice a physician works in, there are certain legal protections and options that they need to be aware of in terms of their employment.
Contact Maison Law Today For a Free Consultation
At Maison Law, we understand the importance and responsibility that comes with being a physician in California. Very often, these professionals make decisions that profoundly impact a person’s life. Not only that, but they provide countless Californians with vital medical care that can improve the quality of their lives. Thus, when a physician needs guidance on matters of employment law, they can turn to our team of experienced California employment lawyers.
We can help explain legal rights and options and provide much-needed support for any physician or specialist throughout the state. To get started, contact us for a free consultation.
Physicians and Employment in California
Obviously, working as a physician in California encompasses a wide variety of different responsibilities and employers. For one, most physicians in California are employed in a variety of different settings, including:
- Hospitals
- Clinics
- Private practices
- Academic medical centers
Going a step further, there are a number of different types of physicians in California, each with its own specialty or focus. Some of the common types of physician in California include:
- Allergist/Immunologist
- Anesthesiologist
- Cardiologist
- Dermatologist
- Endocrinologist
- Gastroenterologist
- Hematologist/Oncologist
- Infectious Disease Specialist
- Neurologist
- Obstetrician/Gynecologist
- Ophthalmologist
- Orthopedic Surgeon
- Otolaryngologist (ENT)
- Pediatrician
- Physical Medicine and Rehabilitation Specialist
- Psychiatrist
- Pulmonologist
- Rheumatologist
There are many more specialties and sub-specialties within each of these areas, as well as other areas of specialization that a physician can practice under in California. While physicians are certainly among the most specialized and educated employees in California, there are a number of different considerations they have in terms of working in California.
Why Would a Physician Need an Employment Lawyer in California?
In terms of employment law in California, there are a number of different scenarios in which a physician would need legal guidance. Here are few of the most common reasons why a physician may need the assistance of an employment lawyer in California:
- Contract negotiation – Physicians who are considering a job offer or who are negotiating the terms of their employment contract may benefit from the advice and representation of an employment lawyer. Our team of experienced lawyers can help ensure that the contract terms are fair and reasonable and that the physician’s rights and interests are protected.
- Dispute resolution – Physicians who are involved in a dispute with their employer, such as over compensation, benefits, or working conditions, may need an employment lawyer to help resolve the dispute through negotiation or litigation. Our lawyers can provide legal advice, negotiate on the physician’s behalf, and represent them in court if necessary.
- Discrimination or harassment – Physicians who have experienced discrimination or harassment in the workplace based on their race, gender, age, religion, disability, or other protected characteristic may need an employment lawyer to help them pursue legal action against their employer under the California Fair Employment and Housing Act (FEHA). Our lawyers can help them file a complaint with the appropriate agency, such as the Department of Fair Empoyment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), and represent them in court if necessary.
- Wrongful termination – Physicians who have been wrongfully terminated from their job, such as for whistleblowing or reporting workplace safety violations, have a right to pursue legal action against their employer under California’s Whistleblower Protection Act (WPA), among other laws. Our team can help them file a complaint with the appropriate agency, such as the Cal/OSHA or the federal Occupational Safety and Health Administration (OSHA).
- Licensing issues – Physicians who are facing disciplinary action from the Medical Board of California (MBC) or other licensing authorities may need an employment lawyer to help them defend their license and protect their professional reputation. A lawyer can help them navigate the disciplinary process and ensure that their rights are protected.
While all of these issues can arise out of a physician’s employment, our team of experienced employment lawyers can review the applicable facts of your case to determine what the best path forward is. In order to do this, you’ll need to understand the full range of legal remedies at your disposal as a physician.
What Are the Available Legal Remedies For a Physician in California?
When it comes to the available legal options a physician has in California relating to their employment, just what option to pursue depends heavily on the circumstances of their case. Legal issues for a physician could range from a contract dispute to a civil lawsuit after being harassed or discriminated against. There could even be multiple options, depending on the scenarios at play. Generally speaking, though, the following remedies are available for physicians in California:
- Breach of contract – If a physician’s employer breaches their employment contract by failing to pay the agreed-upon salary, benefits, or bonuses, the physician may be able to sue for damages. Legal remedies in this case may include monetary compensation, such as lost wages or benefits, as well as specific performance, which requires the employer to fulfill their obligations under the contract.
- Discrimination or harassment – If a physician experiences discrimination or harassment in the workplace based on a protected characteristic, such as race, gender, age, religion, or disability, they may be able to file a complaint with the California Department of Fair Employment and Housing, the Equal Employment Opportunity Commission (EEOC) or a civil lawsuit against their employer. A lawsuit includes the ability to recover damages in the form of monetary compensation, such as:
- Lost wages
- Emotional distress
- Attorney’s fees
- Injunctive relief, such as an order to stop the discriminatory or harassing behavior.
- Wrongful termination – If a physician is wrongfully terminated from their job, such as for whistleblowing or reporting workplace safety violations, they may be able to file a lawsuit for wrongful termination. This could potentially lead to the following, if successful:
- Reinstatement
- Monetary compensation for lost wages and benefits
- Damages for emotional distress
- Attorney’s fees
As with any claim, what works best is dependent on the facts and circumstances that surround your case. As a physician, there are usually other regulatory and licensing concerns to deal with in a potential lawsuit. However, by working with our team of experienced California employment lawyers, we can help you determine what option is best for your situation.
Maison Law Can Help Physicians Facing Employment Issues in California
When you take the oath as a physician, you are doing so with the expectation that you will always have the support of your employer behind you. Unfortunately, sometimes your employer is more concerned with making a profit, which puts you and other medical professionals in a bad situation. Other times, they subject you to discrimination or may breach your contract. Whatever violation you have suffered, Maison Law will be there to stand up for your rights.
To learn about how we can help you, contact us for a free consultation.
