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

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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: 7 months ago.Category: Employment Law
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Answered in 2 hours by:
1/9/2018
Employment Lawyer: Asad Rahman, Lawyer replied 7 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
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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.

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Employment Lawyer: Asad Rahman, Lawyer replied 7 months ago

happy to discuss in detail if you like.

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