How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4540
Experience:  Exclusively practice labor and employment law.
71296933
Type Your Employment Law Question Here...
John is online now
A new question is answered every 9 seconds

I was wrongfully terminated garnishment attached to my

Customer Question

I was wrongfully terminated for a garnishment attached to my paycheck. I am a physician employed for 18 years without incident. They offered 8 week severance package in exchange for release of claims including the right not to sue for garnishment claims. I requested 4weeks for every year worked. We have been in negotiations but they are not willing to offer more. I want to end negotiation communications (phase 1) by saying " It appears we are not able to reach a mutually beneficial agreement that would be an equitable exchange for the release of claims requested by . The merits of your case are predicated on circumstantial evidence and assumptions. There exist claims for a wrongful termination I have no choice but to explore all claims under the color of law"
Please comment.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Awaiting a response
Customer: replied 1 year ago.
please send me a sample letter of threat for a lawsuit
Expert:  John replied 1 year ago.

Your statement is correct under the law. You don't state why they are claiming they are terminating you, but the question that comes into play is do they have a legitimate non-discriminatory reason to terminate you that is not related to the garnishment. That will be the issue in a lawsuit if that were to arise. If they don't have one then you'll assuredly win your claim. You could go into more depth on how their reason(s) for terminating you are a pretext for discrimination, but that really isn't necessary as I'm sure they are aware of all the issues at this point well into your negotiations. One thing you also need to be aware of is that if you find another job etc. your damages are cut off. The concept of mitigation of damages both requires you to look for new employment and cuts off or limits your damages to the extent you get replacement employment; point being that you're asking for damages for well over a year. I'm not sure you can prove these damages in court as doctors are generally employable.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
They contend that I did not meet certain reporting requirements.
At Issue is a sanction by the HHS levied against my spouses medical group for HIPPA violation in 2011. I was never employed or worked for my spouse but i was unaware that my name was listed in his registration documents as a director in 1997. When the attempts to collect on the fine failed the HHS went after the listed directors. I secured legal counsel to disengage me from this debt but they proceeded to place a garnishment on my check. The questions related to sanctions were never directed at me as I personally never had any hippa violations and the sanction was against a corporate entity. My understanding is that this is now a personal debt for me and not a sanction against me. This is the last letter they sent below."I wanted to follow up with you regarding your point that a jury would have to believe the garnishment was the reason for Dr termination.
I did a bit of research and found, unsurprisingly, that our has processed 30+ garnishments for employees in the last 5 years. We did not terminate those employees to avoid or in connection with their garnishments. For Dr., we never actually received the order requiring us to garnish her wages. I believe we received the initial notice and followed the steps required of us by that document (typically it's to provide information to the court). We also, as you know, did not terminate Dr.immediately. In fact, even after we thoughtfully made the decision to terminate, we allowed her to stay on for an additional 3 months, during which time we certainly could have gotten the order and had to garnish her wages.My understanding is that Dr.last completed a credentialing application in 2014. I believe the application has a question about whether the applicant has ever been sanctioned by a regulatory agency. Dr.may have a copy of her application and be able to confirm for you how she answered that question.
While I understand your point about Dr.being sympathetic to a jury, I believe a jury would understand a medical group employer acting on a physician who had been sanctioned by the HHS Office . I also think a jury could easily take issue with this type of sanctionee not informing her health care employer of this back in 2011 when it occurred or thereafter".Kindly help me draft the wording for a threat for legal action.
Expert:  John replied 1 year ago.

Drafting a letter for you is not part of the question and answer portion of this website. I estimate that drafting a letter for you will take at least 1.25 hours. I will assist you in drafting a letter as part of the websites additional services feature. If the offer I submit is agreeable, accept it and follow the further instructions listed. Thanks.

Related Employment Law Questions