discgolfdc
Junior Member
What is the name of your state? Ohio
Greetings... I will try to keep this brief. I am a chiropractor in Ohio, and I was employed by another chiropractor under an employment agreement that was not an "at-will" agreement. The term of the agreement was one year, and he let me go after six months.
For the purposes of clarity, I am including hereunder the "termination" clause of the contract, exactly as it appears...
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6. Termination by Clinic. At the election of Clinic, this Agreement may be immediately terminated on the occurrence of any of the following events:
a. Doctor’s failure to perform any term of this Agreement, or failure to comply with any current or future office policy of the Clinic, and thereafter promptly and fully cure any such failure which by its nature, (in the Clinic’s sole discretion) is capable of being cured;
b. Doctor’s self-dealing, misapplication of Clinic’s funds, or breach of duty of loyalty to Clinic;
c. Doctor’s failure or refusal to perform services described herein faithfully and diligently;
d. Physical or mental disability that, in Clinic’s judgment, prevents Doctor’s satisfactory performance of his duties set forth in this Agreement;
e. Adjudication of mental incompetence or appointment of a guardian to manage Doctor’s affairs;
f. Failure to provide notice to Clinic, to the attention of Dr. XXXXXXX of any claim arising out of Doctor’s services performed hereunder or any notification of disciplinary proceedings initiated against him, within forty-eight (48) hours of his actual knowledge thereof;
g. Revocation or suspension of Doctor’s license to practice chiropractic;
h. Any conduct which violates Ohio Board of Chiropractic Examiner standards or American Chiropractic Association standards as existing at the time of violation;
i. Doctor’s death;
j. The determination by Clinic to terminate this Agreement in its sole discretion, provided that Doctor shall be paid a severance amount in such case in the amount of one month’s base salary.
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None of the terms herein apply to my termination (the clinic just wasn't "seeing enough bodies" to sustain my being there). There, further, is no documentation regarding any warnings (verbal or otherwise) that would indicate that I had "failed to perform" any term of the contract. That being the case, my employer has not paid me any severance pursuant to section 6j, above.
I don't know what section of Ohio law deals with contracts. I'm not sure that this would constitute a breach, and I don't know to what relief I may be entitled. My contract does contain a non-competition covenant, but in the event of a breach on the part of the employer, I would imagine that there is likely to be relief of any duty to uphold whatever else the contract may contain.
I know that this information is only just a peek into things, here, but does anyone have any preliminary information for me to read up on? I'd greatly appreciate it.
I'd also be glad to send a copy of this contract to anyone who would be willing to review it.
Thank you!
JaysonWhat is the name of your state?
Greetings... I will try to keep this brief. I am a chiropractor in Ohio, and I was employed by another chiropractor under an employment agreement that was not an "at-will" agreement. The term of the agreement was one year, and he let me go after six months.
For the purposes of clarity, I am including hereunder the "termination" clause of the contract, exactly as it appears...
------------------
6. Termination by Clinic. At the election of Clinic, this Agreement may be immediately terminated on the occurrence of any of the following events:
a. Doctor’s failure to perform any term of this Agreement, or failure to comply with any current or future office policy of the Clinic, and thereafter promptly and fully cure any such failure which by its nature, (in the Clinic’s sole discretion) is capable of being cured;
b. Doctor’s self-dealing, misapplication of Clinic’s funds, or breach of duty of loyalty to Clinic;
c. Doctor’s failure or refusal to perform services described herein faithfully and diligently;
d. Physical or mental disability that, in Clinic’s judgment, prevents Doctor’s satisfactory performance of his duties set forth in this Agreement;
e. Adjudication of mental incompetence or appointment of a guardian to manage Doctor’s affairs;
f. Failure to provide notice to Clinic, to the attention of Dr. XXXXXXX of any claim arising out of Doctor’s services performed hereunder or any notification of disciplinary proceedings initiated against him, within forty-eight (48) hours of his actual knowledge thereof;
g. Revocation or suspension of Doctor’s license to practice chiropractic;
h. Any conduct which violates Ohio Board of Chiropractic Examiner standards or American Chiropractic Association standards as existing at the time of violation;
i. Doctor’s death;
j. The determination by Clinic to terminate this Agreement in its sole discretion, provided that Doctor shall be paid a severance amount in such case in the amount of one month’s base salary.
---------------------
None of the terms herein apply to my termination (the clinic just wasn't "seeing enough bodies" to sustain my being there). There, further, is no documentation regarding any warnings (verbal or otherwise) that would indicate that I had "failed to perform" any term of the contract. That being the case, my employer has not paid me any severance pursuant to section 6j, above.
I don't know what section of Ohio law deals with contracts. I'm not sure that this would constitute a breach, and I don't know to what relief I may be entitled. My contract does contain a non-competition covenant, but in the event of a breach on the part of the employer, I would imagine that there is likely to be relief of any duty to uphold whatever else the contract may contain.
I know that this information is only just a peek into things, here, but does anyone have any preliminary information for me to read up on? I'd greatly appreciate it.
I'd also be glad to send a copy of this contract to anyone who would be willing to review it.
Thank you!
JaysonWhat is the name of your state?