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I think my former employer is going to sue me for accepting

kickbacks, spiffs, incentives (whatever you...
I think my former employer is going to sue me for accepting kickbacks, spiffs, incentives (whatever you want to call them)
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Answered in 5 minutes by:
6/12/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

What is your legal questions for me please?
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Customer reply replied 4 years ago

I was the optical manager for a Dr. and received "incentives" by various vendors for using their products, and now I hear the Dr. I worked for is gathering info no doubt to try to come after me in some way....does he have a case?

Dear Trey,

Thank you for your follow up.

What type of incentives did you receive from these vendors?

Were these incentives disclosed to this owner/doctor?

Did this doctor suffest any financial or other damages as a result of this "incentives"?
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Customer reply replied 4 years ago

usually in the form of giftcards I received thousands of dollars over many years. The doctor knew about them...kind of-he knows it is common in the industry and tried to get me to sign something once that said I wouldn't accept any incentives from vendors, but I refused. I don't think he suffered in anyway, although he could argue I used overpriced labs/vendors but that would be impossible to prove....and actually isn't necessarily true.

Dear Trey,

Thank you for your follow up.

What makes you think that this doctor is gathering information against you in order to file a lawsuit against you?

Have you received any type of a demand letter from this doctor's attorney or any type of other legal communications from the doctor?
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Customer reply replied 4 years ago

One of the vendors emailed his request for info:












Hello Ms. Morales,
I would like an accounting of all commissions paid by you or Charmant Group to my prior optician Trey Caldwell over the past 3 years in reference to my account

It is strange he only wants 3 years worth...is there a statute of limitations on such things? I haven't received anything from him, but why else would he want this info? (he recently intercepted some giftcards that were addressed to me and I assume he wasn't pleased)











Dear Trey,

Thank you for your follow up.

It is likely that the doctor is planing to file a civil lawsuit based on Fraud and such civil claim has statute of limitations of 3 years, however if you are found liable and a judgment is issued against you by the court, such judgment based on fraud generally cannot be discharged even in bankruptcy.

It is possible that this doctor will claim some type of actual damages based on these incentives and will claim that he was not aware of the incentives and in a lawsuit that is based on fraud, plaintiff can seek tremble (triple) damages and also attorneys fees and court and other costs.

At this point it would be a very good idea for you not to communicate with anyone about this or discuss this issue, but to consult and retain local experienced civil litigation attorney and to have this local attorney handle this matter for you.

I wish you the best of luck!
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Customer reply replied 4 years ago

if you are found liable and a judgment is issued against you by the court, such judgment based on fraud generally cannot be discharged even in bankruptcy.


 


I'm not sure what this means exactly. Please rephrase it in non lawyer speak:)

Dear Trey,

Thank you for your follow up.

Generally, a civil judgment (court order against the defendant to pay certain amount to plaintiff) is dischargeable by the person against who judgment is obtained, if the judgment debtor otherwise qualifies to file for bankruptcy. Once the bancruptcy is completed, the judgment would be discharged, meaning it would no longer be valid and the judgement creditor will not be able to pursue another claim against the person against whom the judgment was issued and subsequently discharged in bankruptcy.

However, if the judgment is from a claim that was based on fraud or conversion (theft) and some other few exceptions, then such judgment cannot be discharged in bankruptcy.

I wish you the best of luck!
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Dear Trey,


I have provided you with correct and accurate answer to your question.

I understand that the law might not be favorable to your situation, but please do not hold this fact against me personally.

Can you please let me know why you feel my answer was "poor service" and also please let me know what additional information are you seeking at this time or what related follow up questions do you have?
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Customer reply replied 4 years ago

Yeah, I'm sorry "poor" isn't fair. I was just frustrated with some things, like you throw around "fraud" and aren't defining that for me in how it relates to the fact I merely accepted gift cards that the vendors voluntarily wanted to give to the decision maker/salesman that could directly effect sales of their products. Also, the doctor can't claim he didn't know this goes on as he has tried to get me to sign away might "rights" to these gifts from vendors (I think I told you this above). And since there ARE no actual damages he suffered in this scenerio, I'm not sure your assessment is correct. (btw I think he only benefited as the vendors were "incentifying" his employees for him as there is no bonus system in place in this office for upselling-botXXXXX XXXXXne he made more money as a result) One more follow up question and I'll leave you alone. I have no real assets beyond my stock portfolio and am currently not even working, if a judgement is levied against me would they force me to liquidate my stocks (and roth IRA) and send him the money?


 


I'm sorry again for giving you a poor rating, can I change it?

Dear Trey,

Thank you for your follow up.

I appreciate you providing me with some clarification as to what your concerns are.

First of all, unfortunately I have very limited facts related to your situation and this is why I simply had to give you a general answer related to what I thought this doctor was up to, once again based on the very limited facts and if this doctor wants to pursue some type of claim based on fraud and claim damages, he will have to proof such be clear and convincing evidence.

Now, as far as what can be garnished if this doctor does obtain a judgment against you after filing a lawsuit. Your stock portfolio can be seized and liquadated to satisfy a civil judgment, but your roth IRA could not be garnished, until such time that you are able to collect benefits from this IRA.

If you can accept my answer and rate it fairly, it would cancel out your prior poor ratings.

Thank you for using JustAnswer.com and GOD bless you!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney
Verified
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Alex J. Esq.
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Satisfied Customers: 16,723
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