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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32935
Experience:  Employment Law Expert
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I am a professional mental health therapist with a contract

Customer Question

I am a professional mental health therapist with a contract with my employer. March 1, 2016 my supervisor and the CEO of the company entered my office with a print out of a web site I am building but not using yet, to start web-based counseling in the US. I am 68 years old and planning for retirement in 3 years. MY employer used the clause in my contract that reads "during term of employment and for the one year period immediately following termination of employment with DSCHC licensed professional counselor shall not provide integrated and/or traditional counseling services with a fifty mile radius of the town of Ajo,AZ. Behavioral health service which are not provided by DSCHC are not applicable to this non-compete agreement." I can provide you with the contract if you wish. Another clause in the contract states that the professional will have 45 days to correct or explain any breach in the contract.
employer did not ask me about the web-site or give me a chance to explain that it will target individuals outside of Ajo They did not give me a document of why I was terminated, or anything to sign. Also there is a" without cause" clause that says either party can give without cause however I should have received 90 severance pay if that is the case.
I have been working in a very hostile environment for about 8 months with inappropriate write ups, which I responded to to make my case with no response to my explanations. My supervisor is miss using her authority to force these issues.
What can I do. I do not want to go back, but I do want to get the 90 day severance pay, and unemployment. my employer broke several items in the contract. There specific reason for firing me was the web-page for web-based counseling, but did not give me documentation. I have called twice and sent a email for them to send my a document stating the reason for termination was the web-page, they have not returned my calls.
what can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

You really only have one choice. Have an attorney review the document you signed as well as any other paperwork you received and then, assuming it supports you, bring a case for breach of contract. The lawyer will first send a demand letter but after that there is nothing else that can be done.

The EEOC, nor any other governmental agency, covers this type of termination and so you have to seek relief from the courts. You can seek at least the 90 day severance pay but you may be able to ask for other damages as well. You will definitely be able to ask for your attorney's fees since it is a breach of contract case.