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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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I have a judgement against my corp/me for unpaid wages to a

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I have a judgement against my corp/me for unpaid wages to a physician who worked in my office for 7 months. We had a 3 way employment contract with the hospital whereby the expenses to employ him would be partially paid by hospital loan funds that had to be paid back. The contract was a four year contract. Total I am in to the hospital for is $96,000. The hospital Admin calls on a Thursday to tell me my employee wants to leave due to unpaid wages. I set up a meeting on Monday with the Admin. while the doctor works in the office. While he is working he has a seizure, gets carted out of the office to the hospital, treated in the E.D and released, then drives his car home from the office. I catch him as he is leaving the parking lot and ask him if he is ok. He tells me it is time for him to "come clean" and I tell him to go home and rest, I would cover his patients for the next day and we can meet on Wednesday. On Wednesday, he tells me that he has a brain tumor that is "stable" for 12 years and that he is OK as long as he takes his Keppra. Also we make arrangements for how we are going to adjust the business plan, increase billings and get out of the hole we are in to him ($32k) and the hospital. Within a couple of days of that he left town.
He marched down to the labor board, and at a hearing got a judgement for $180k [full salary and un-earned bonuses]. I was at the hearing but did not bring a lawyer. Leaving the hearing, I thought for sure we had won because he breached the contract and left town with me holding the bag to the hospital. The judgement arrived in the mail later.
After several unsucessful months trying to climb out of the hole, pouring personal money in to cover the payroll I filed personal bankruptcy, closed the office and then filed corporate bankruptcy.

After some investigation I learned a couple of things. 1. He was released from his first residency in Emergency Medicine after assaulting a co-worker and then went to a Family Practice residency, [he claimed on his malpractice insurance attestataion that the residency change was for academic reasons.]. 2. There were several patients who we lost due to his "erratic behavior" in the office. 3. That Keppra can cause erratic behavior. 4. His tumor is in his temporal lobe. The temporal lobe does not control movement and sensation but our demeanor, understanding, behavior and memory etc. 5. That he was looking for office property back in San Diego months before this happened meaning he intended to leave months before. I surmised it was because his significant other was unsucessful in getting custody of her kids as planned and therefore was unable to move to our area. 6. The ED doctors at the hospital never reported his seizure to the DMV. 7. Nobody has reported any of this to the California medical board.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.
Hello,

Thanks for your detailed information.

What question about California Employment Law can I "justanswer" for you?
Customer: replied 4 years ago.
Can the judgement be discharged in Chapt 7 bankruptcy?
Expert:  socrateaser replied 4 years ago.
The judgment is dischargeable in Chapter 7, as long as you file your bankruptcy petition within 90 days of the date of entry of the judgment in Superior Court.

Note: There may be some penalty amounts added to your judgment (e.g., waiting time penalty) The penalties are not dischargeable.

Hope this helps.

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Customer: replied 4 years ago.
This is a reward by the labor commissioner. I don't see anything about Superior Court on the documents. Are they dischargeable?
Expert:  socrateaser replied 4 years ago.
The losing party in a Labor Commissioner hearing has 10 days to file an appeal in the Superior Court. After expiration of the appeal time limit, the Labor Commissioner must file a certified copy of the award with the Superior Court within 10 days. Labor Code § 98.2(e).

So, in fact the award is a judgment of the Superior Court which is dischargeable in bankruptcy.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

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