Leaving a Dental Associate Position in Ontario: Legal Considerations for Dentists

Dental associate agreements often govern the relationship between a clinic owner and an associate dentist for many years. However, there may come a time when a dentist decides to leave a clinic to pursue other opportunities, relocate, or establish their own practice.

Before ending an associate relationship, dentists should carefully review the terms of their associate agreement. These agreements often contain provisions that affect how and when the relationship can be terminated, as well as restrictions that may apply after the dentist leaves the clinic.

Understanding these provisions can help dentists avoid disputes and ensure a smoother transition when leaving a dental practice.

Reviewing the Termination Clause

One of the first provisions dentists should review when considering leaving a clinic is the termination clause in the associate agreement.

Termination clauses typically specify:

• how much notice must be given before ending the agreement

• circumstances that allow termination for cause

• whether termination without cause is permitted

Many agreements require associates to provide written notice to the clinic owner before leaving. Notice periods may range from 30 days to several months, depending on the terms of the agreement.

Dentists should ensure they comply with the required notice provisions to avoid potential contractual disputes.

Non-Compete and Non-Solicitation Restrictions

Many dental associate agreements include restrictive covenants that apply after the dentist leaves the clinic.

These may include:

Non-Compete Clauses

A non-compete clause may restrict a dentist from practicing within a specified geographic area for a certain period of time after leaving the clinic.

For example, the agreement may prohibit the dentist from practicing within 5 or 10 kilometres of the clinic for one or two years.

Such restrictions can significantly affect where a dentist may work after leaving the practice.

Non-Solicitation Clauses

Non-solicitation clauses typically restrict a dentist from actively contacting or recruiting the clinic’s patients or employees after departure.

These clauses are intended to protect the goodwill of the dental practice and prevent patient migration to competing clinics.

Dentists should carefully review the scope and duration of these provisions.

Patient Records and Confidential Information

Dental associate agreements frequently address the ownership and handling of patient records and confidential information.

In most cases, patient records belong to the dental clinic rather than the associate dentist. Agreements may prohibit associates from copying or using patient information after leaving the practice.

Dentists should ensure they understand their obligations regarding patient records and privacy requirements before departing from a clinic.

Financial Reconciliation

When an associate leaves a clinic, the agreement may require financial reconciliation between the clinic and the dentist.

This may include:

• final compensation calculations

• adjustments for laboratory fees

• outstanding insurance collections

• payment of any remaining compensation owed

The agreement should specify how these amounts are calculated and when final payments are issued.

Planning the Transition

Leaving a dental clinic can affect not only the dentist and clinic owner but also patients and staff.

A well-planned transition may involve:

• providing adequate notice

• assisting with patient continuity

• coordinating schedules during the transition period

Maintaining professionalism during the transition can help protect the dentist’s reputation within the professional community.

Why Legal Advice Matters Before Leaving a Dental Clinic

Dental associate agreements often contain complex provisions that affect a dentist’s rights and obligations after leaving a clinic.

Before terminating an associate agreement, dentists may wish to obtain legal advice to understand:

• their contractual obligations

• the impact of restrictive covenants

• potential risks associated with termination

Reviewing the agreement in advance can help dentists make informed decisions and avoid unnecessary disputes.

Speak With a Lawyer Before Leaving a Dental Associate Position

Dentists considering leaving a dental clinic should carefully review their associate agreement before providing notice or signing any new agreements.

If you are reviewing a dental associate agreement or considering leaving a clinic, you can Book a Consultation to discuss your situation and determine the appropriate next steps.