Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I own a medical clinic where we employed one M.D.

Customer Question
Psychiatrist and the rest counselors...
I own a medical clinic where we employed one M.D. Psychiatrist and the rest counselors. Because of the shortage of psychiatrists, we had her sign a 5 year no complete clause. We had to fire her 3 years into her contract because, despite signing a no defamation clause in her contract, she was saying mislieading things to patients and people around town. We filed suit against her for this and her breaking the no compete clause (she is now working 40 miles away). However, despite my lawyer wanting to continue w the suit, I am having doubts so I wanted a second opinion:Because we are in a rural area, we had to use a courier service to pick up patient medications. Many of the medications she prescribes are controlled (xanax, amphetamines, etc).1 - Her side deposed the pharmacist that my office manager was using to pick up the medications and he reported that he had told my office manager that medications that the psychiatrist was prescribing were being stolen from our office. She also has letters from patients stating that there medications were stolen.2 - She provided video that the medications were being left out in the open, in a table in the waiting room instead of being locked up.3 - She provided letters from patients and the pharmacist that the office manager was not picking up medication on time so patients would run out of meds for weeks at a time and that many of the patients she would see were immediate discharges from a psychiatric hospital and so they would run out of medications and sometimes have to be re-admitted because of this. Apparently when patients would call the office, nobody called them back. The pharmacist also reported he received the same complaints from hundreds of patients4 - Apparently she had been contacting her board right before being fired and they were telling her to leave the clinicI had no idea any of this was going on; however, she produced text messages she sent to the office manager complaining of all this and telling the manager that, according to the Board of MEdical Examiners, she would start giving her phone number to patients in case they did not receive the meds she was prescribing because we were endangering her license.She also complained to him in e-mail and text that the drugs were not being stored properly and the manager just told me that he responded that "You are not responsible but we will fix this" However, somehow she recorded the meds being left in the waiting room with patients in there.However, we have evidence that she was defaming our business and making our business looking bad.We are suing for breach of contract; however, she is saying that we were endangering her license through the above actions and despite having evidence that was complaining and attempting to be ethical by giving patients her phone number to text if our clinic did not fill her patients' medications on time and our clinic staff did not call the patients back when they did not receive their medications, they could contact her. However, we are arguing that she was overstepping her bounds by doing this. My lawyer is saying to proceed with the suit but I received a second opinion from a respected lawyer saying we will lose. I know you are just giving an opinion but what would you do if you were our clinic.
Submitted: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 hours by:
1/9/2018
Employment Lawyer: Asad Rahman, Lawyer replied 1 month ago
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2,343
Experience: Practicing Attorney with 10 years experience
Verified

I am sorry you are enduring this. If there is any merit to her claims, then my suspicion is that she may prevail. I have not seen any states enforce a 5 year noncompete either but most likely they would reduce it to like a 10 mile radius for 1 year to 18 months. Furthermore, if there were regulatory issues that were true I think a defamation suit would fail badly due to public interest concerns.

Ask Your Own Employment Law Question
Employment Lawyer: Asad Rahman, Lawyer replied 1 month ago

happy to discuss in detail if you like.

Ask Your Own Employment Law Question
Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2,343
2,343 Satisfied Customers
Experience: Practicing Attorney with 10 years experience

Asad Rahman is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Can my employer require me to take a drug test if I have
Can my employer require me to take a drug test if I have been on a medical leave of absence when I return to work? They do random testing from a pool of 1500 employees … read more
Ray
Ray
Lawyer
Doctoral Degree
31,311 satisfied customers
I just failed a pre employment drug test for marijuana. I am
Hello, I just failed a pre employment drug test for marijuana. I am an RN, will this get reported to the California BEN? … read more
Ray
Ray
Lawyer
Doctoral Degree
31,311 satisfied customers
Apart from breach of contract, when an employer a 1099
Apart from breach of contract, when an employer a 1099 independent contractor and provides information regarding policies and procedures (given months after a contract was signed) which must be follow… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I failed a pre employment drug screen for THC, unintentional
I failed a pre employment drug screen for THC, unintentional injection but nevertheless, the test was postive. I was reported to the BON and offered the nondiscplinary monitoring program. I have since… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was pulled for a drug test after an accident at work it
I was pulled for a drug test after an accident at work it showed a false positive before it was sent to lab for further testing is management aloud to discuss any of those findings either way with oth… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I girl died of an overdose in my company. The drugs were
I girl died of an overdose in my company. The drugs were hers. Can I get in trouble? This happened in Washington State. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Hours are required to take a drug test a random drug test
Hours are required to take a drug test a random drug test for a job that we don't have no ram and drugged his policy in our employment hand book … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have to do a drug test because I was injured at work don't
I have to do a drug test because I was injured at work don't need medical care but have to do pee test. If I smoke marijuana … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I lose my nursing license for refusing a random drug
Can I lose my nursing license for refusing a random drug screen, I refused and left the position immediately and 2 months later received a letter in the mail that my previous employer file a complaint… read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
I failed a urine drug test, and now need to take a hair
i failed a urine drug test, and now need to take a hair test. They were to send me information abot my rights, but i never got it. Should i take the test? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had to take a drug test November 29th and Monday the 4th a
I had to take a drug test November 29th and Monday the 4th a Dr from the lab called me and told me I tested positive , so mean while my mom is in pikeville hospital about to pass but my co. Has not ca… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Below is our existing drug-free workplace policy: 1. Our
Below is our existing drug-free workplace policy:1. Our field managers who would enforce this with the employees have not been through “reasonable suspicion” training. a. Will this create a problem wi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,196 satisfied customers
Can an employer conduct a drug test to only a portion of
Can an employer conduct a drug test to only a portion of their staff if they do not provide a safety risk without or provide prior notification to thod … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,564 satisfied customers
I was fired for a positive drug test in July. I have seen a
Second opinion] I was fired for a positive drug test in July. I have seen a SAP. A company i work for part time found this out, now they want me to take 6 randoms in 1yr. Can they make me do this even… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
If a person tested positive for a drug test after an
If a person tested positive for a drug test after an accident at work, however it's been over a week since the test and the employer hasn't said anything and the person is still working, and they have… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Are downs for pre employment drug testing legal in Georgia?
are pat downs for pre employment drug testing legal in Georgia? … read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
Can I be fired for a valid prescription drug? Drug test
Drug test because of work injury . Broken toe . Three weeks later after I was returned to regular duty ... the same day I was fired … read more
lawyerJ
lawyerJ
Juris Doctorate
154 satisfied customers
I have a question about a breach of contract from a job I
I have a question about a breach of contract from a job I was let go from … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x