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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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My husband was terminated from s job managing a doctors

Customer Question

Hi Pearl, My husband was terminated from his job managing a doctors office 10 weeks ago. He was very successful in bringing the doctor out of debt and creating a 40% increase in profit over an 18 month period. Since the doc was in a low cash flow situation, my husband took a lower salary with a verbal good faith agreement on a percentage of the profits. The doctor also hired an HR type of company because the previous manager had done such a poor job and had hired many of her family members that were not competent in their positions. Anyway, as profits increased and the numbers for 2017 were becoming available things looked very financially profitable for the doctor. Three days after the numbers were in, the Doctor told my husband that a new HR gal would give him an annual review since he and the doc are actually quite good friends. Instead he was given a progress improvement plan which listed 9 things that he needed to make sure he was either doing or not doing. On the list was a no staff change without the doctors permission. This was not something that had ever been done in the past. Anyway, when two girls were out of the office due to a car accident, my husband who was the office manager hired a girl who had recently applied for a permanent position to work at the front desk as this situation had come up quickly. When the doc was available he told him she was a temp only, but actually was very qualified etc. He also discussed this girl with the HR woman who had signed off on his progress improvement plan. She worked as a temp in the office for two weeks for a total of 30 hours. On the day she went to the HR dept. to collect her pay check my husband was immediately terminated by the HR company as they reported that they discovered that she was "hired" without permission and they all claimed they had not known about it until the day she collected her check which was a lie in and of itself. They also denied my husbands unemployment claim stating that he deliberately disobeyed an order. He claims this was not a staff change, merely solving a problem that had arisen when two girls failed to be at work last minute and then were out due to injuries for two weeks. There are other very strange things about this case. But from what I understand about EEoc is that you cannot be singled out and treated differently. The last manager about ran the clinic into the ground financially, hired many members of her family and when the Doctor finally let her go he just moved her to one of his labs where she earned more money. I understand that employers can terminate employees for any reason they choose as most states are "at will" states. However, my husband seems to be getting undue punitive treatment and now has a label of misconduct that the unemployment office seemed to accept and denied our appeal. Also the doctor and his wife have been very close friends of ours for 18 years. Now, they will not speak with us or answer our letters or calls. Reliable sources have told us that their lawyers have given them clear orders to not speak to us and that they see the doctors wife as a weak link. Obviously, my husband was set up to get fired. We just want the label of misconduct to be taken off his record and for the doctor to pay the bonus he owes him and to be eligible for unemployment as he was not deliberately disobeying an order. It's been such a strange situation. Any advice on what we can do? The HR company is very good at making what they did legal, but we do have a letter from them that actually has written lies about certain events that can be proven. I know this is kind of sorry! But any advice would be helpful. Thanks, Kim
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Arkansas
JA: Have you talked to a lawyer yet?
Customer: My husband has talked to a lawyer. They were surprised he did not get unemployment, but though what they did was unethical, it was legal in our state.
JA: Anything else you think the lawyer should know?
Customer: The HR company did in fact hire this temp girl as a permanent employee the week after my husband was fired. I am confused why the doctor and his wife are fearful to speak with us about making this right as the more I read the more I understand that as an employee you have very little rights. My husband was well respected in the office and has numbers to show how financially successful the practice had become in just 18 months of his management. There is a man at the HR company that dislikes my husband and we do know that he has been trying to get the doc to get rid of him for several months. My husband is American Indian and 55 years old. He is a degree in engineering physics and a THM from Dallas Seminary. He is smart, competent, and your basic boy scout. He was not trying to protect himself from this HR company because he figured the numbers and high morale at the office under his leadership would speak for itself. But the doc even told some of the staff after he terminated my husband that the HR company had been after him to get rid of him and he finally just gave in. But why are they so afraid of us to take legal action?
JA: Yes, I was born in America. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Samuel II replied 3 months ago.


This is Samuel. I am reviewing your questions and I will respond here shortly. Thanks for your patience.

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