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How Physicians Can Protect Against Former Employees

Protecting Physicians Against Ex-Employees

When a physician realizes that they need to terminate an employee, they are frequently concerned about the repercussions of such an action. What if the employee steals from you or creates a big scene as he or she leaves the premises? Even worse, what if the employee brings a lawsuit against you for wrongful termination?

Generally, it is wise to maintain accurate records of employee performance reviews, if there were any, and to document any verbal warnings or discussions of problems with the employee’s performance and results. Even though these activities may consume more time, it will grant the employee an opportunity to make positive changes and serve to protect you in the event termination becomes a necessity and the employee files suit as a result.

Indeed, a disgruntled ex-employee may still sue you on the grounds that you discriminated against them based on age, gender, race, or disability. When facing any of these allegations, it is wise to hire an attorney who is well versed with the applicable state and federal laws on discrimination. Quite often, the legislation under which the employee is suing a physician may not even apply to the physician’s practice. For example, our client was recently slapped with a federal lawsuit accusing them of discrimination under the Americans with Disabilities Act of 1990 and of violating the Family Medical and Leave Act. On the contrary, the former law only applies to businesses with 15 or more employees and the latter only applies to businesses with 50 or more employees. We were able to file a motion to dismiss the whole lawsuit on the basis that our client only had eight full time employees and one part time employee.

In another instance, a staff member had been experiencing performance issues and suddenly left the office and requested sick leave. While the employee was out sick, some facts came to light that revealed that the employee had exposed the company to hundreds of thousands of dollars in potential liability and potential criminal charges from the federal government. Nevertheless, the company hesitated to fire her while she was on leave under the assumption that such an action was definitely illegal. We advised the company that if they would have terminated the employee even if she weren’t on leave, or if they found evidence of her unscrupulous actions while she was on FMLA leave, termination was not a violation of the FMLA.

You should also decide whether you will combat any unemployment compensation claim filed by your former employee. If you choose to do so, your documentation of previous performance issues will be important evidence to present to the commission. Unemployment can be denied if the commission determines that the employee was terminated for just cause. The most usual findings in support of a denial of unemployment are violations of company policy, violations of the law, or failure to perform the job if the employee is capable of performing it.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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