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As an MD, I was terminated with fancy legal clauses and but…

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As an MD, I was...
As an MD, I was terminated with fancy legal clauses and but i feel that the contract should have been void given the circumstances.Summary:
I raised lot of medical and ethical concerns with the practice and mentioned to leave instead i was sent a legal letter that i can’t leave without a 90 days notice (restrictive covenant applied) but soon after was terminated (termination letter) based on two clauses:In the contract
In the contractPossible outcomeVoid contract
Eliminate Non compete
Three months salary — if he can fire me, Why do I have to serve 3 month noticeSequence of events:
I was working 24 hours per week- part time
Terminated on 3/12/18 because of certain circumstances which I can explain and I have trails of emails.Restrictive covenant language
Submitted: 3 months ago.Category: Employment Law
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Answered in 1 minute by:
3/26/2018
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,985
Experience: Licensed attorney helping employers and employees.
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Hello and welcome. I am working on your answer and will be right back!

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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago

what can I answer for you?

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Customer reply replied 3 months ago
Would you like me to upload the contract and termination letter
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago

If you think it would help, yes.

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Customer reply replied 3 months ago
Contract attached and termination letter below: (more details and evidence can be shared if needed)Dear Dr. Hanif:
As you know I am the attorney for 14th Street Medical, P.C. having previously written to you to address, among other things, your obligations as set forth in your Physician Employment Agreement dated July 1, 2016.Please be advised that your employment with 14th Street Medical, P.C. is hereby terminated for cause pursuant to Paragraphs 11.4.3 and 11.4.9 of the Agreement. More particularly, you have failed to comply with corporate rules or protocols. In addition, you have breached the Agreement by refusing to fulfill your professional obligations and duties as a provider of Internal Medicine/Family Medicine. Furthermore, by refusing to provide women’s health related exams, for which you are professionally licensed to perform and which you previously provided during the course of your employment, you have substantially altered the scope of your services. Moreover, your actions have served to undermine and interfere with the continuous care and treatment of patients.
Finally, in my previous communication to you I requested that you provide documentation for all missing sessions. Notwithstanding this request, no doctor notes have been provided. Your absences represent a clinical hazard and liability issue.
Accordingly, your termination from 14th Street Medical, P.C. is effective immediately.
Please be further advised that pursuant to Paragraph 11.6 of the Agreement, upon your termination all patient records are deemed to be the property of the Professional Corporation and may not be removed from the offices of the P.C.
Finally be advised that the provisions contained in Paragraph 14 of the Agreement, including but not limited to, the non-compete and non-solicitation provisions survive your termination and are to be adhered to as your compliance will be strictly monitored and enforced.
Thank you for your anticipated cooperation.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
what can I answer for you?
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Customer reply replied 3 months ago
Sure we can switch after we have some credible points to that make sense for the outcomes mentioned above
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
if you get an automatic phone call request, you can accept it and a phone based law expert will handle. if you prefer to proceed by chat with me, just reply to the chat. some customers choose both, but the choice is yours! ThanksThe burden of proof is on employer to show termination for cause. Allegation insufficient.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Non Non competes are rarely enforced. they need to be very limited in time and space. unless a few miles and months will typically fail. Most employers wont even pursue it and clients are free to choose for themselves!
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
i need a local lawyer recommendation who is an expert in Medical employment contracts. We have full sequence of events. Martindale is too broad.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Within those directories you enter location and practice areas and can find excellent local options. Site rules don’t permit us to recommend specific lawyers.If you have a follow up, just reply and ask me!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Awaiting your reply, thank you!
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Customer reply replied 3 months ago
Do you have any specific clauses from the contract that allows us to contest termination
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago

Not clauses, but there is an issue as to whether the accusations are true/amount to termination for cause - which is something that a court would need to decide and if parties do not settle beforehand.

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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Great. Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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