Reviewed by Erik Newton, Esq., on October 8, 2026.
In my healthcare law practice, I’ve had the privilege of assisting numerous doctors in crafting and negotiating employment agreements with their associates. These agreements set out the rights, responsibilities and expectations of both the employing practice and the dentist, and they are the foundation of a working relationship that often lasts years. Clarity and specificity from the outset are what keep ambiguity from turning into a dispute down the line.
Here is what I look for in a general dentist’s employment agreement, from either side of the table.
Compensation and benefits
Start with how the associate gets paid, because this is where most misunderstandings begin. Is it a daily rate? A percentage? If a percentage, of collections or of production? Salary, production-based pay and hybrid models all work, but the agreement needs to say exactly which one applies, how it is calculated and when it is paid.
Benefits deserve the same specificity: bonuses, vacation and paid time off, health insurance and retirement plans if offered, and any performance metrics tied to pay. A clearly stated compensation structure protects both sides when the numbers are reviewed months later.
Classify every role correctly
This applies to hygienists and administrative staff as well as associate dentists. Each contract should state whether the person is a full-time or part-time employee or an independent contractor (W-2 or 1099). Classifying a worker incorrectly can create tax and employment-law issues for the practice.
Scope of duties
The agreement should set out the associate’s clinical responsibilities, expected patient load, working hours and any administrative tasks. When duties are written down, performance expectations are clear from the start, and both sides have something concrete to point to if expectations drift.
Restrictive covenants and confidentiality
Most associate agreements include non-competition and non-solicitation clauses, along with provisions on patient confidentiality and record-keeping. A non-solicitation clause keeps a departing dentist from taking patients or staff; a confidentiality clause protects sensitive business and patient information.
Associates commonly review these clauses with an eye to where they may want to practice in the future. Employing dentists have reason to keep these provisions reasonable, because a court will narrow a covenant that is broader than necessary (s. 542.335(1)(c), Fla. Stat.).
What Florida law says about non-competes
In Florida, Fla. Stat. § 542.335 sets the parameters for restrictive covenants, including the protection of confidential information and trade secrets, and it applies to dentists. A covenant must support a legitimate business interest and be reasonable in time, area and line of business. The statute also sets presumptions about duration that matter a great deal in dentistry:
- Associate dentists (a former employee or contractor, not an owner): under § 542.335(1)(d)1, a restriction of 6 months or less is presumed reasonable, and one of more than 2 years is presumed unreasonable.
- Dentists who sell an ownership interest: under § 542.335(1)(d)3, a restriction of 3 years or less is presumed reasonable, and one of more than 7 years is presumed unreasonable. A partner who leaves without selling an ownership interest falls under § 542.335(1)(d)1 instead.
These statutory points have to be addressed correctly, so that the holder of the restrictive covenant can actually enforce it, and so that the doctor under the restriction knows exactly where they stand.
Florida’s CHOICE Act (effective August 15, 2025) does not apply to dentists, because it excludes licensed health care practitioners. Dentist covenants remain under s. 542.335 (ss. 542.43 and 456.001(4), Fla. Stat., as of October 2026).
Termination and dispute resolution
Spell out how the relationship can end: termination for cause, for performance issues or for other stated reasons, with any notice periods. Clear termination terms reduce disputes over how the relationship ends and give the associate certainty.
Then decide how disagreements get resolved. A dispute resolution clause with a mediation or arbitration step can settle disagreements about compensation, performance or patient handling before they reach litigation.
Getting it right at the start
An employment agreement does its job when both parties read it as a plan for the relationship, not a formality. Read the whole document before signing, ask about anything that is unclear, and put verbal understandings in writing. With transparent communication and legal guidance when it is needed, the practice and the associate can sign with confidence and get on with the work of caring for patients.
Related reading
- Employment Agreements for Endodontists
- Understanding Employment Contracts in the Healthcare Industry
- Essential Legal Clauses for Dental Associate Agreements
- Non-Solicitation Agreements in Dentist Employment
- Can A Dentist Be An Independent Contractor?
- Non-Compete Agreements for Dentists: What You Need to Know in Florida
Practice area: Dental Practice Sale and Acquisition Attorney in Florida
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading it.