--- title: "Dentist employment agreement: key provisions to read" description: "A plain guide to the clauses in a dentist employment agreement, from pay and term to non-competes and disputes, with questions to bring to your attorney." url: https://joncopeland.multisites.ai/blog/dentist-employment-agreement-provisions publisher: Copeland Consulting Services email: drcopeland@joncopelanddds.com contact: https://joncopeland.multisites.ai/contact --- # Dentist employment agreement: key provisions to read A dentist employment agreement sets pay, duties, term, insurance, and limits that can last after the job ends. The ADA guide to key legal provisions covers compensation, termination, malpractice insurance, non-competes, non-solicitation, dispute resolution, and liquidated damages. This post explains each and lists questions for an attorney. Practice managementPublished October 26, 20265 min read This post is general education from Copeland Consulting Services. It is not legal advice. An attorney licensed in your state should read any contract before you sign it. ## What does a dentist employment agreement cover? It sets the terms of the job in writing: what you do, how you are paid, how long it lasts, and what you may do afterward. The ADA guide to key legal provisions describes an [employment agreement](https://joncopeland.multisites.ai/glossary/employment-agreement) as setting out “many of the details of an associate dentist’s employment, such as compensation, benefits, and duties.” The same guide warns that some clauses reach past the last day of work. A restrictive covenant, for example, “may prevent the former employee-dentist from practicing in the geographic area of their choice.” Read those clauses first, because they are the hardest to change later. The ADA also notes that an oral deal is open to gaps and different memories. A written agreement, if properly drafted, sets out each side’s rights and duties. ## Which provisions deserve the closest read? The ADA guide gives each major provision its own chapter. The table below lists them with a question to bring to your attorney. The questions are general prompts to discuss with your own advisers. The provision names and descriptions come from the ADA guide. Provision What it does (per the ADA guide) A question to ask Employee duties States the work expected of the dentist Who sets the schedule, and can it change? Compensation Defines when and how much you are paid Which production number is the pay based on? Benefits Non-wage pay from the employer What starts when, and what ends at termination? Term and termination Sets how long the deal lasts and how it can end What counts as cause, and how much notice is required? Malpractice insurance Says which party must secure coverage Who pays, and what happens to coverage after you leave? Non-compete Limits similar work after the job ends What distance, what time period, which locations? Non-solicitation Limits drawing away staff or patients Does it cover staff as well as patients? Dispute resolution Sets the process for disagreements Is arbitration required, and where? Liquidated damages Sets a fixed amount owed for a breach When does the amount apply, and is it tied to real loss? For pay formulas, see the post on [associate compensation models](https://joncopeland.multisites.ai/blog/dental-associate-compensation-models). For the employee versus contractor question, see [employee or independent contractor](https://joncopeland.multisites.ai/blog/dentist-employee-or-independent-contractor). ## What is the difference between a non-compete and a non-solicitation clause? A non-compete limits where and when you may practice after the job. A non-solicitation clause limits who you may draw away from the employer. They are separate ideas, and one contract can hold both. The ADA guide says a non-compete “in order to be valid, will almost certainly be limited to (i) a certain period of time following conclusion of the employment relationship, and (ii) a certain geographic area.” Whether a given clause is valid depends on state law, so this is a question for an attorney. The ADA guide describes a [non-solicitation clause](https://joncopeland.multisites.ai/glossary/non-solicitation-clause) as one that stops the employee from “actively soliciting employees, customers, suppliers or patients of an employer away from the employer.” The guide gives a plain example of its reach: such a clause can stop a dentist from hiring a hygienist or an office manager who worked for the former employer. Questions to bring to your attorney: 1. Is the limit written as a [non-compete clause](https://joncopeland.multisites.ai/glossary/non-compete-clause), a non-solicitation clause, or both? 2. How is the area measured, and from which office or offices? 3. Does the time period start at the last day of work? 4. Does the clause change if the employer ends the job? 5. Does state law limit this type of clause? ## What happens when the agreement ends? The ADA guide says that without an agreement, employment is generally “at will,” though state laws vary. At will means either side can end it at any time, unless the end is otherwise unlawful. A written agreement usually changes that by setting a fixed term and allowing termination only for stated reasons. So the term and termination section tells you how long you are committed, how you can leave, and how the employer can end the job. Check for notice periods on both sides. Check what is owed on the way out, such as pay for work already done. Insurance matters here too. The ADA guide says the insurance section usually covers dental professional liability coverage and names which party buys it. The guide describes two policy types. An occurrence policy covers care given while the policy is in force. A claims-made policy does not cover a claim filed after the policy ends unless the dentist buys an extension known as “tail” coverage. Ask an insurance agent which type applies and who pays for [malpractice insurance](https://joncopeland.multisites.ai/glossary/dental-malpractice-insurance) after you leave. ## How are disputes settled? The ADA guide says arbitration is “probably the most common dispute resolution provision in employment agreements.” In arbitration, a neutral person hears both sides and decides. The guide says that decision is enforceable by the courts and “almost always considered final.” Mediation is a different process. A neutral third party tries to help both sides reach a compromise. Ask your attorney which process the contract requires, who pays for it, and where it takes place. ## What is liquidated damages? It is a clause that fixes an amount owed if a party breaches the contract. The ADA guide says it “should only be allowable in cases where the damages are not easily calculable or susceptible to quantification.” Ask whether any amount in your contract is tied to a real, hard-to-measure loss. Ask which breaches trigger it. ## Why should an attorney review it? Because clauses interact, and state law decides what is enforceable. The ADA contract page tells dentists to review legal terms about compensation, non-competes and more “with the help of a lawyer.” Bring the full draft, not a summary. Ask your attorney to mark what is negotiable and what is standard. Keep a short list of your own priorities before the meeting. Pay and schedule matter now. Exit terms matter later. The ADA guide advises thinking about provisions “that may come into play at the end of the relationship or after its termination.” ## Next step Read the [dental associate contracts guide](https://joncopeland.multisites.ai/guides/dental-associate-contracts) for more on how these agreements work. Then [contact Dr. Copeland about consulting](https://joncopeland.multisites.ai/contact?topic=consulting). Dr. Jon Copeland, DDS, is a general dentist in Wildwood, Missouri. ## Frequently asked questions ### What is in a dentist employment agreement? The ADA guide to key legal provisions lists employee duties, compensation, benefits, term and termination, malpractice insurance, non-compete, non-solicitation, dispute resolution, and liquidated damages. Each one shapes either the job itself or what you may do after it ends. ### Is a non-compete the same as a non-solicitation clause? No. The ADA describes a non-compete as a limit on working in the same or similar business after the job ends. A non-solicitation clause limits drawing employees, customers, suppliers or patients away from the employer. A contract can contain both. ### Should an attorney read a dentist contract? The ADA contract page says to review legal terms about compensation and non-competes with the help of a lawyer. An attorney who knows your state can tell you what a clause means and whether it can be enforced there. ## Terms on this page - [Non-solicitation clause](https://joncopeland.multisites.ai/glossary/non-solicitation-clause) - [Associate compensation](https://joncopeland.multisites.ai/glossary/associate-compensation) - [Independent contractor](https://joncopeland.multisites.ai/glossary/independent-contractor) - [Employment agreement](https://joncopeland.multisites.ai/glossary/employment-agreement) - [Restrictive covenant](https://joncopeland.multisites.ai/glossary/restrictive-covenant) - [Non-compete clause](https://joncopeland.multisites.ai/glossary/non-compete-clause) - [Associate dentist](https://joncopeland.multisites.ai/glossary/associate-dentist) - [Office manager](https://joncopeland.multisites.ai/glossary/office-manager) - [Production](https://joncopeland.multisites.ai/glossary/production) - [ADA](https://joncopeland.multisites.ai/glossary/ada) ## Sources 1. [ADA: Dentist Employment Agreements, A Guide to Key Legal Provisions (PDF)](https://www.ada.org/-/media/project/ada-organization/ada/ada-org/files/resources/practice/legal-and-regulatory/guide-to-key-legal-provisions.pdf) 2. [ADA: Dental Contracts and Contract Evaluations](https://www.ada.org/resources/students/dental-contracts-and-contract-evaluations) Written by Copeland Consulting Services and checked against the sources above on October 26, 2026. Rules, data and guidance change, so check the linked page before you act on it. ## Keep reading - [Dental associate contracts: terms, pay models and red flags to ask aboutA dental associate contract sets pay, status, duties, term, termination, insurance and limits on work after you leave. The ADA publishes a guide to key provisions and a compensation explainer. Pay models differ in what they count, so read the formula. Have an attorney in your state review any contract before you sign.](https://joncopeland.multisites.ai/guides/dental-associate-contracts) - [Employee or independent contractor: considerations for dentistsStatus depends on the real working relationship, not the label in the contract. The ADA says control over duties, schedule and money points toward employee status. The IRS looks at behavioral, financial and relationship facts. The Department of Labor warns about misclassification. An attorney and a CPA should review any dentist agreement.](https://joncopeland.multisites.ai/blog/dentist-employee-or-independent-contractor) - [Dental associate compensation models explainedThe ADA lists four common models for dentist pay: straight salary, salary-plus, straight commission, and net profit. Commission models depend on whether pay is figured on total production, adjusted production, or collections. The same crown can produce very different pay under each base. Ask for a written formula and run sample numbers.](https://joncopeland.multisites.ai/blog/dental-associate-compensation-models) - [Dental practice ownership: buying, starting, valuing, selling, associates and DSOsDentists reach ownership by starting a practice, buying one, buying in as a partner, or working as an associate or for a DSO first. ADA data show 73 percent of dentists owned a practice in 2023, down from 85 percent in 2005. Each path needs an attorney, a CPA and often a lender or broker.](https://joncopeland.multisites.ai/guides/dental-practice-ownership) - [The PPO participation decision: data to pull, contract terms and questions to askA dental PPO contract trades a lower fee schedule for network status with a plan. The choice belongs to the practice owner, with an attorney and CPA. This guide gives no advice on joining or leaving. It lists how PPOs work, the data to pull by payer, the contract terms to read and the questions to ask.](https://joncopeland.multisites.ai/guides/ppo-participation-decision) - [AI scribes for dental notes: questions to ask a vendorAn AI scribe listens to a visit and drafts notes, so it handles patient information. HHS says a vendor that creates, receives, maintains or transmits protected health information for a practice is generally a business associate, which calls for a written agreement. Ask about data use, storage, errors, review, and exit terms before signing.](https://joncopeland.multisites.ai/blog/ai-dental-scribe-questions) ## Talk with Dr. Copeland [Contact Dr. Copeland](https://joncopeland.multisites.ai/contact)[Email](mailto:drcopeland@joncopelanddds.com)