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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I have a question medical attorney. Overview: We have three

Customer Question

I have a question for a medical attorney.
Overview: We have three medical clinics that specialize in medical insurance covered massage therapy. All of our massage therapists must be licensed and must go through a hands-on training academy before they touch any of our patients. The work is specific to the Physicians assessment and covers a multitude of issues. During the interview process, a Lead Licensed Massage Therapist will have the potential candidate do a practical (lead therapist receives a 30 minute medical massage to make sure the candidate is capable and competent.) For example, the lead therapist may ask the candidate, "Locate a trigger point on the lower lumbar and then locate the deferred pain, or, locate the trigger point of the upper cross bilateral frontal brachial plexus just above the clavicle to assist the Physician in trigger point injections." It's very detailed and requires a lot of training. We do not hire your standard every day massage therapist that you will find at a Massage Envy.
We just hired a new Office Manager who is not a licensed therapist and has come from the MassageEnvy world where massage is a luxury. She has no medical or anatomy knowledge and has never received a medical massage.
Issue: The new Office Manager, just today, is now removing the qualified Lead Therapist from doing the practical, and putting herself in that position to receive the practical. The problem that I foresee with the Office Manager doing this practicals, other than her only massage experience is from a non-medical facility (MassageEnvy,) is that after the practical, if she decides not to hire the potential massage therapist, that therapist could sue us based on the Office Manager receiving the practical is not qualified to judge if the practical was competent or not.
What is your legal advice please?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

No lawsuit could arise from the facts you have described. The reason is because employment in all states but Montana is purely "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. Thus, there is nothing illegal about terminating an employee based on the erroneous or unqualified conclusion that the employee's skills fall below a particular standard. Yes, it would be understandably upsetting to be let go under such circumstances, but it does not violation any law because employers don't need legitimate or true reasons to stop employing someone.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 1 year ago.
I really wanted to speak to a medical attorney. Our physician says differently bc he experienced the same issue with another clinic, the candidate to it to court and won.
Expert:  Patrick, Esq. replied 1 year ago.

I am an attorney with significant experience advising medical professionals. Perhaps in the circumstance your physician is talking about there were other reasons for a lawsuit. I can assure you the reason would not have been that the person who terminated the employment was unqualified to judge the employee's performance. That is not an illegal basis for termination. This is many years of legal experience talking.

Please let me know if there is anything else I can do.