- 6 - than full time, but not less than 6 months a year. Without permission, he is prohibited from practicing medicine except as an employee of the corporation. Petitioner has the power to determine both the specific duties performed by the shareholder surgeon and the means and manner of performing those duties. Petitioner has the power to determine the assignment of patients to the shareholder surgeon. “All fees, compensation, and other things of value, charged by the Association and received or realized as a result of the rendition of services by * * * [the shareholder surgeon] shall belong to and be paid and delivered forthwith to the Association.” Base compensation is $16,500 a month. The shareholder surgeon “may be paid cash bonuses in such amounts and at such times and on such basis as the Board of Directors may from time to time, in its absolute discretion, determine.” For less than full-time shareholder employees, base compensation and bonuses “shall be reduced to equal a percent, the numerator being the minimum number of months per twelve-month period set forth in such notice [of intent to work less than full time] and the denominator being twelve months.” The shareholder employment agreements with respect to Drs. Miller and Black (but not Drs. Ellis and Mann) provide that, if the shareholder surgeon’s employment terminates prior to July 1, 1996, and he continues either the practice of medicine, or toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011