ASSOCIATE OPTOMETRIST EMPLOYMENT AGREEMENT
This agreement is entered into between Gailmard Optometric Associates, Inc. (Drs. Neil and
Susan Gailmard, officers), hereinafter called the practice or Gailmard Eye Center, and Dr. X,
hereinafter called the associate.
1. TERM. The term of this agreement shall be one year, beginning on July 1, 2007 and ending
on June 30, 2008. Either party has the right to terminate the agreement and employment for
any reason with 30 days notice.
2. DUTIES. Associate will examine and treat patients within the extent of state law and his/her
clinical ability. The associate shall have freedom to practice optometry based on his/her own
professional judgment, however, office policies and fees shall be determined by the practice.
3. HOURS. Employment shall be full time and approximately 40 hours per week devoted to
patient care. Actual patient care hours will be determined by the practice, and may be changed
with reasonable advance notice. Additional time may be expected for purposes of practice
administration. Typical hours may include up to two evenings per week until 7:00 PM, and
Saturdays from 9:00 AM to 1:00 PM.
4. DEVOTION TO PRACTICE. Associate agrees not to work in or for any other eye care
practice while employed by the practice, unless approved in advance by the officers. Associate
shall work to maintain a positive image and reputation for Gailmard Eye Center, and to foster
increased patient referrals to the practice.
5. EQUIPMENT AND INVENTORY. All equipment and inventory shall be supplied by the
practice, shall remain the property of the practice, and should not be removed from Gailmard
Eye Center without authorization by the officers. Equipment may also be supplied by the
associate and, of course, remains his/her property.
6. CONFIDENTIALTY. Associate agrees to not share any trade secrets, practice strategies,
printed materials, electronic files, price lists or fee schedules with any other party.
7. PATIENT FILES AND LISTS. Patients will be supplied and referred to the employee by
Gailmard Eye Center from its existing patient base and referral sources. It is recognized that
the associate will generate new referrals from this patient base, but it is clearly understood that
all patients are considered patients of Gailmard Eye Center and no attempt to retain or transfer
patients shall be made by associate if employment is terminated by either party. Patient files,
lists, any records of names and addresses, computer disks or copies of such items are the
property of the practice and shall not be removed from Gailmard Eye Center. No attempt shall
be made by associate to announce, advertise, or solicit to past or present patients of Gailmard
Eye Center if associate leaves the practice for any reason.
8. RESTRICTIVE COVENANT. Associate agrees to not practice optometry for a period of 3
years following termination of employment within a radius of 10 miles of Gailmard Eye Center,
630 Ridge Road, Munster, Indiana. If this covenant is broken the following penalties shall apply
and are immediately payable to the practice. Year 1: 50% of gross revenue (total of usual and
customary fees) attributed to the associate over the past 12 months prior to the last regular day
of work at the practice. Year 2: 33% of above. Year 3: 25% of above.
9. SALARY. Annual salary shall be $. When applicable, appropriate pro-rated amounts shall
be paid by the day or week to reach a normal bi-monthly pay period. When applicable,
appropriate pro-rated amounts shall be paid or deducted by the day or week (full salary/52 =
X/week/5 = Y/day/2 = Z/half day). Saturdays are treated as a full day. Paychecks are issued on
the 15th and 30th of each month. Reviews for merit and cost of living increases shall be made
annually. Paychecks are issued on the 15th and 30th of each month. Reviews for merit and
cost of living increases shall be made annually.
10. ADDITIONAL COMPENSATION. The practice shall provide the following additional
benefits:
A. Health insurance will be provided by the practice. Dependents may be covered
under our group plan as a payroll deduction equal to the premiums charged by the
health insurance company. A co-premium may be charged to the associate.
B. Malpractice insurance in amounts in accordance with the maximum required by
Indiana law.
C. Five days off with pay (per year) for attending Continuing Education courses. The
company will pay for CE course fees and registrations, up to a maximum of 30 total CE
hours per year. The practice will fund one major convention trip per year with the
following stipulations: The employee may select one of the following meetings: The
American Academy of Optometry (Dec), Southern Educational Congress SECO (Atlanta,
Feb), Vision Expo East (New York, March), AOA Congress (June), Vision Expo West
(Las Vegas, Oct). The company will pay for (1) a maximum of four nights in a standard
room at the main convention hotel rate, (2) round trip coach airfare within the continental
U.S.; economy class booked at least two weeks in advance, (3) All course fees and
registration fees for the convention total (covered course hours not to exceed 30 per
year), (4) a $50 per diem stipend to cover meals, ground transportation, tips and other
miscellaneous expenses. The company reserves the right to approve all convention
trips to maintain sufficient office coverage with doctors. Requests will be honored on a
first come, first serve basis. Unused CE days at the end of the contract year are not
compensated and may not carry over.
D. Two weeks paid vacation per year (10 work days) effective this contract year.
E. Six paid holidays per year: New Years Day, Memorial Day, July 4, Labor Day,
Thanksgiving and Christmas.
F. Five paid sick days per year. Unused days will be compensated based on pro-rated
daily salary at the end of the year; they may not be accumulated. If more than five days
are needed within one year, a pro-rated salary reduction will be made, or vacation days
may be used if available.
G. Maternity leave shall be up to eight weeks without pay. Additional time may be
allowed in cases of medical necessity.
H. Workman compensation insurance is carried, and FICA (social security) withholdings
are matched by the practice.
I. Eye care benefits may be supplied to the employee's family members as described in
the employee manual.
J. Dues for the AOA, IOA, and Northwest Indiana Society will be paid by the practice.
11. OPTOMETRIC LICENSURE. The associate shall maintain a valid license to practice
optometry in Indiana and maintain therapeutic certification.
The undersigned agree to the terms as stated in this document:
_______________________________________
Date
________________________________________
Neil B. Gailmard, O.D.
________________________________________
Susan M. Gailmard, O.D.
________________________________________
X, O.D.