Legal Advice- what would you do? | FerrariChat

Legal Advice- what would you do?

Discussion in 'Other Off Topic Forum' started by schwoo, Jan 16, 2015.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, Skimlinks, and others.

  1. schwoo

    schwoo Formula Junior

    Joined:
    Jun 22, 2013
    Messages:
    845
    Location:
    Florida
    Full Name:
    Marquette
    In addition to my private practive, the past 7 years I have served as Medical Director for a group of midwife's. They are owned by our local community hospital. I am paid a monthly stipend to provide back up services and be on call 24/7. A year ago the community hospital was sold to a large corporation . I was asked to stay on and continue to provide services. My office manager states we have not been paid for September, October, November or December. When I approached administration they state the payments were stopped because the contract expired in August, and it would be a violation of the "Stark law". They want me to sign a new 3 year contract- but say there is nothing they can do about the past 4 months. Since there was no contact for those months, I cannot be paid. We're talking about $15,000 / MO x4 months. What would you do? Thanks
     
    schwoo, Jan 16, 2015
    #1
  2. mseals

    mseals Two Time F1 World Champ Lifetime Rossa Owner

    Joined:
    Sep 9, 2007
    Messages:
    24,468
    Location:
    Kuwait
    Full Name:
    Mike Seals
    I'm no lawyer, but I would think that if the payments are legal if you have a contract that, with the agreement of both parties, an agreement can be signed and back-dated.

    But, what do I know?

    Maybe one of our legal beagles will chime in.

    This would be a great topic for conversation in the Silver forum... but, you'd have to pony up $15 for the year to subscribe...

    Believe me... it's worth it.

    Mike
     
    mseals, Jan 16, 2015
    #2
  3. schwoo

    schwoo Formula Junior

    Joined:
    Jun 22, 2013
    Messages:
    845
    Location:
    Florida
    Full Name:
    Marquette
    Mike- just rejoined 5 years' silver. Thanks
     
    schwoo, Jan 16, 2015
    #3
  4. schwoo

    schwoo Formula Junior

    Joined:
    Jun 22, 2013
    Messages:
    845
    Location:
    Florida
    Full Name:
    Marquette
    Any advice appreciated - thanks
     
    schwoo, Jan 17, 2015
    #4
  5. joker57676

    joker57676 Two Time F1 World Champ

    Joined:
    Apr 12, 2005
    Messages:
    23,767
    Location:
    Sin City
    Full Name:
    Deplorie McDeplorableface
    joker57676, Jan 17, 2015
    #5
  6. toggie

    toggie F1 World Champ Owner Silver Subscribed

    Joined:
    Nov 30, 2003
    Messages:
    19,036
    Location:
    Virginia
    Full Name:
    Toggie (Ron)
    I don't know anything about law but it sounds like you could require a "signing bonus" for this new 3-year contract and the amount of that bonus should be the 4 months worth of missing back pay.

    .
     
    toggie, Jan 17, 2015
    #6
  7. SCousineau

    SCousineau Guest

    Joined:
    Jul 17, 2004
    Messages:
    3,652
    Full Name:
    S Cousineau
    I would take all the paperwork, the old contracts, proof of current working being done, and every last little bit of paperwork that could possibly support my claim to the sharpest employment lawyer findable as quickly as possible.

    I believe you need a good Lawyer--and you need them now.
     
    SCousineau, Jan 22, 2015
    #7
  8. ryalex

    ryalex Two Time F1 World Champ Consultant Owner

    Joined:
    Aug 6, 2003
    Messages:
    25,974
    Location:
    Las Vegas, NV
    Full Name:
    Ryan Alexander
    This is not a bad solution.

    Does the old contract have a month-to-month rollover at the end or a clear termination? Are you an owner of the new Large Corporation?

    The excuse that the contract itself is what prevents Stark violations is odd. AFAIK it is to limit certain insider referrals. I'm not in that administrative law area, but it normally doesn't jive that it would be illegal to pay you in absence of a renewed contract, but just fine once you put pen to their paper...
     
    ryalex, Jan 22, 2015
    #8

Share This Page