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REVIEW
YOUR EMPLOYMENT AGREEMENT CAREFULLY!
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| Providers
entering into employment agreements
should understand that these
agreements can and should be
negotiated. First and foremost, review
the term and termination of the
agreement.
If
you are relocating to an area and are
spending up front dollars to take the
position and are turning down other
opportunities, you want to make sure
the employer cannot terminate you
without cause with a short notice
period.
This
problem can be exacerbated if there
are post-termination responsibilities
such as a non-compete or tail
insurance. For example, if you sign an
agreement that can be terminated by
the employer without cause upon 30
days' notice, you could be spending
money to relocate, passing up on other
opportunities and ending up with a
stiff non-compete and the
responsibility of obtaining and
maintaining tail insurance.
Another
problem can arise when the employer
promises you partnership within a
period of time. The agreement should
specify the precise terms of the
buy-in to the partnership for the
provision to be enforceable.
When
presented with a standard form of
employment agreement, many providers
surrender their right to negotiate a
more favorable arrangement. Although
the disparity between the bargaining
position of an employer and employee
is often great, do not forfeit your
right to negotiate particulars. Seek
competent legal counsel to assist you
to ensure that you are protected.
If
you have any questions call: Strawn,
Monaghan and Cohen, 561-278-9400
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Strawn,
Monaghan & Cohen, P.A.
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| 54
NE Fourth Avenue |
5101
NW Twenty First Avenue
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| Delray
Beach, Florida 33483 |
Suite
440
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| Telephone:
(561) 278-9400 |
Fort
Lauderdale, Florida 33309
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| Facsimile:
(561) 278-9462 |
Telephone:
(954) 484-0016
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| About
the Firm: |
Strawn,
Monaghan and Cohen’s main
office is located in historic
downtown Delray Beach, just
minutes from Interstate 95. In
the past decade, the City of
Delray Beach and the
surrounding South Florida
economy have experienced
significant growth as the area
evolved from a tourist
destination to an active
year-round center for
business. The attorneys in
Strawn, Monaghan and Cohen are
aggressive participants in
this environment. At this
time, Strawn, Monaghan and
Cohen is the largest firm in
the Delray Beach/Boynton Beach
area. The Firm has a diverse
complement of lawyers with
experience of up to 33 years
in the practice of law. It’s
clients are also a diverse
group, from large public
institutions and corporate
entities to smaller
growth-oriented businesses,
entrepreneurs and professional
practices.
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Strawn,
Monaghan and Cohen is an
"AV" rated general
business firm, providing legal
representation and counsel in
numerous areas of the law. The
"AV" rating is the
highest ranking awarded by the
prestigious Martindale Hubbell
Law Directory. The firm’s
areas of speciality include:
real estate, corporate
transactions, health care,
governmental representation,
probate and estate planning.
The corporate practice
includes the formation of
traditional business entities
such as corporations and
general and limited
partnerships as well as newer
business arrangements such as
the limited liability company.
The governmental practice
includes municipal
representation as well as
representation before state
and federal agencies.
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The
firm boasts four experienced
health care lawyers whose
clients include hospitals and
other institutional clients
such as nursing homes and
rehabilitation facilities as
well as many physicians and
physician group practices. The
firm also represents a diverse
group of related health care
businesses including, home
health agencies, imaging
facilities, durable medical
equipment providers and
medical billing services. The
attorneys provide effective
representation before such
agencies as the Department of
Insurance, the Agency for
Health Care Administration,
the Department of Health and
the Department of Business and
Professional Regulation.
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In
addition to providing
specialized legal services in
these areas, the firms health
care lawyers are often called
upon to coordinate the
services of accountants,
financial advisers and other
health care consultants as
necessary to accomplish
sophisticated transactions and
create new business
arrangements, such as MSO’s,
IPA’s, PPMC’s, networks
and group practices. The
group’s knowledge and
understanding of such matters
as fraud and abuse,
self-referral laws,
anti-trust, finance and
corporate law make them fine
business facilitators and
lawyers.
In
the past decade, the business
and legal environment in which
the health care industry
operates, has been subject to
dramatic change. This has
prompted a plethora of new
laws and regulations, at both
the state and federal
government level. The firm’s
health care attorneys stay
abreast of these changes, have
broad exposure to health care
markets throughout the state,
and are thus able to provide
the sophisticated, cutting
edge representation required
to help clients survive in
today’s competitive health
care arena.
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The
probate and estate planning
practice focuses on the
preservation of wealth,
effective tax strategies and
conscientious administration
of estates. In the ever
changing environment of tax
and financial planning, taking
a few well calculated steps
often results in substantial
savings. Moreover, these
results can be achieved with
relatively simple strategies.
Many clients elect to take
advantage of more
sophisticated planning
strategies such as irrevocable
trusts, life insurance trusts
and charitable trusts to
further reduce the impact of
taxes upon their estate. In
addition, over the years the
firm has have been called upon
numerous times by national
banks and trust companies to
assist in the planning and
administration of estates for
their clients.
The
real estate practice
emphasizes residential
development and commercial
transactions. However, the
firm is capable of handling
any kind of real estate matter
from a simple residential
closing to large acreage
acquisitions and commercial
land development. Our computer
system is linked to the
records in the Office of the
Secretary of State, Corporate
Division, as well as the
Florida statewide land records
for immediate access and
availability.
Although
the firm enjoys a small town
business address, Strawn,
Monaghan and Cohen has a
sophisticated practice that
serves many clients throughout
the state. The breadth and
depth of its experience is
reflected in creative and cost
- effective approaches to
legal issues and business
opportunities. |
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Timothy
E. Monaghan, M.B.A., J.D.
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Mr.
Monaghan is a shareholder in
the Delray Beach law firm of
Strawn, Monaghan & Cohen,
P.A. Mr. Monaghan’s practice
focuses on health care law,
business transactions,
corporate law, commercial
leasing, hospital law and
governmental representation.
His health care clients
include hospitals, physicians
and physician group practices,
and other health care
facilities and businesses. |
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He
has significant experience in
the buying and selling of
medical practices and other
healthcare businesses, as well
as practice formation,
shareholder agreements and
employment agreements. Mr.
Monaghan also has significant
experience in matters
involving governmental
entities such as the Agency
for Health Care
Administration, the Department
of Health, the Department of
Insurance and the Department
of Business and Professional
Regulation.
Prior
to entering law school, Mr.
Monaghan served five (5) years
representing the Florida
Department of Health and
Rehabilitative Services before
the Florida Legislature and
other state agencies. During
such time, he drafted several
chapters of law, including
statutes regulating hospitals,
nursing homes, emergency
medical services, clinical
laboratories and
pharmaceutical manufacturing.
While
in law school, he lobbied the
legislature on behalf of
private health care interests
and later served as a legal
intern for Chief Justice
Parker Lee McDonald, Florida
Supreme Court. He has served
as an adjunct professor of
health care law at Florida
Atlantic University,
Department of Health
Administration, College of
Social Science.
Mr.
Monaghan’s education
includes a Bachelor of Arts in
Political Science (Florida
Atlantic Univ., 1977); a
Masters in Business
Administration (Florida State
Univ., 1979) , and a Juris
Doctorate, (with honors, F.S.U.,
1984).
His
memberships include The
Florida Bar (Member, Health
Law Section); American Health
Lawyers Association; Florida
Association of Hospital
Attorneys.
Mr.
Monaghan is the author of
numerous articles including:
"If
the IPA Fails, Try a Real
Group", The
Record (published by the
Broward County Medical
Association, Vol. 61, No.
7 November 1999; On Call
(published by the Palm
Beach County Medical
Association, June/July
2000; and the Stethoscope,
Summer 2000 (published by
the Volusia County Medical
Society;
"The
Physician’s Guide to
Hiring a Lawyer",
The Record, May 2000;
"Responding
to an Investigation",
The Record, Vol. 62, No.
6, August 2000;
Mr.
Monaghan’s e-mail address
is: TMonaghan@smclawfirm.com.
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