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I was fired from my job as a nurse practitioner after my…

I was fired from...

I was fired from my job as a nurse practitioner after my rheumatologist sent a letter to my employer requesting he make reasonable accommodations for me as i have Rheumatoid Arthritis along with mixed connective tissue disease and 2 other overlap autoimmune diseases. The employer fired me instead of getting a dictation system for the electronic health record to decrease my need for typing, wouldn't put a heat vent in my office or allow for flexible scheduling. I signed a no compete clause at the beginning of my employment, since he breached the contract by not paying me overtime and then violating ADA compliance is this non compete even enforceable?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

There was no manager just the owner of the clinic. I've contacted 3 lawyers and never got past the paralegal and never called back

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

The contract was at will employment, no union

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

He was given the letter from my rheumatologist along with information regarding accommodations recommended by the ADA and Job Access Network for people with arthritis then 3 weeks later he sent me a text telling me to go finish and lock and charts that he was closing the clinic. The next day it was open with a new nurse practitioner

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3/24/2018
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Customer reply replied 3 months ago
I will wait for your answer, thsnks.Stacy

The breach of the employment agreement and violation of ADA could be asserted as a defense to enforcement of the non compete.

There is a principle in law that a party in breach is estopped from enforcing the agreement they are in breach of. It is known as the "Doctrine of Unclean Hands".

So, if they did not pay the required overtime and violated ADA, that is what you would assert to block the enforcement of the non compete.

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You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Loren

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