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My case is complex but there was wrongful termination,

My case is complex...

My case is complex but there was wrongful termination, discrimination, etc I️ was told that bc the company has 5 employees I️ do not have an employment law case

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

There is no written employment agreement I️ that is one of the problems... was also told that I️ should consult a corporate atty because after working there for a few years I️ was going to quit and the doctor did not want me to which is were I️ asked for ownership in the practice

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He said yes and we looked to create a legal document because in my state only a licensed dentist can be an owner. I️ consulted many people including a business man that was my ex employer and had ownership he explained he created it as a management company because they had over 20 offices but for 1 it did not make sense

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Answered in 6 minutes by:
12/1/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,860
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to hear about this, but it seems you have actually consulted an attorney already who explained wrongful termination to you, so I am unsure what specifically your question is for us regarding this situation?

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Customer reply replied 8 months ago
For the next over 10 Years I️ received 5 percent of the practices collections as well as a salary (for my actual position) the salary remained the same for about 18 yrs until recently. Where he kept changing it. I️ have proof of the money I️ have personally spent in the company and the time spent recreating the company to prepare for his retirement
Customer reply replied 8 months ago
Well it’s 2 questions
Customer reply replied 8 months ago
1. Is it correct that because there are 5 employees I️ do not have a employment law case?
Customer reply replied 8 months ago
2 based on the info I️ gave you in reference to ownership do you believe I️ have a corporate case? Or does the 5 employees affect me again?
Customer reply replied 8 months ago
Are you still there?

Thank you for your reply and additional information.

1) Yes, under the employment discrimination laws, they apply to "covered employers" and the law defines a "covered employer" as an employer who employs 15 or more employees.

2) Under FL law, parties are allowed to contract for anything they want to contract for that is not illegal or immoral. The issue here is you could not contract for ownership in a medical practice because under FL law a non licensed person cannot be an owner in a medical practice. However, there is still a likely enforceable contract here, but it is one as employee-employer and it is one over pay

Give me a minute to keep typing and please do not interrupt

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As I was saying...

However, there is still a likely enforceable contract here, it is an employee-employer pay contract, it cannot be a business ownership contract, because as stated such a contract would be prohibited by FL law. So, you cannot likely succeed arguing you are a part owner of the dental practice, entitling you to a share of the practice when you leave the business. Your best likely claim is going to be based on the agreement to pay you a share of the proceeds as an employee and I say "likely" because if he did pay you the share of proceeds in addition to salary at the percentage the two of you agreed upon, then you would not have a case to bring, since he has given you the percentage of profits all these years just like he said he would and the only issue is legally you could never be an owner unless you became a licensed dentist.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
What about all the monies I️ spent buying domain names and adding them to his site and creating a name change to be able to bring in an associate and they be able to work under our insurance aggreenrntd with medical/ dental carriers? All this was done on my time based on the understanding that this is what was going to happen? I️ even pay for the public storage where we keep our old charts

Thank you for your reply.

If you can prove the money was spent on the behalf of the business within the last 4 years, you can seek to recover that reimbursement under breach of contract as well, since you provided money to benefit his business under an agreement for compensation with him.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,860
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Perfect! Thank you!

Thank you.

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