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Let go in Florida

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Douglasd

Junior Member
I was employed in a prominent physician's office with my duties primarily to develop and operate an in-house pharmacy. I have many years experience in this field and am 53 years old. Under my direction, the pharmacy went from nothing to $200,000 net profit while I was employed there for a year and two weeks.

I was called into the acting admin office and was told to go home and not come back. I was given a lame excuse as "the pharmacy is not making any money." I was rushed out and could not even collect my personal things. That was on a Friday. On Monday, they had a 19 year old girl with no experience working in the pharmacy. Do I have a civil case against them or am I out in left field?
 


ecmst12

Senior Member
They obviously thought they were spending too much on your salary and thought someone less experienced could do your job for less money. Nothing illegal about that. You can apply for unemployment - you'll probably get it.
 

Beth3

Senior Member
On Monday, they had a 19 year old girl with no experience working in the pharmacy. Do I have a civil case against them or am I out in left field? So they now have an inexperienced 19 year old filling and dispensing prescriptions? :eek: Is that even legal???

I don't know if you have an age discrimination claim or not but I think it's worthwhile for you to speak to an employment law attorney and get an expert opinion.
 

ecmst12

Senior Member
OP is not a pharmacist either; sounds like she was basically an office manager for the pharmacy. Didn't say anything about filling the prescriptions.
 

mitousmom

Member
How many employees did the doctor's office have?

Who was filling and dispensing prescriptions when you operated the pharmacy? Is there a licensed pharmacist working?
 

Betty

Senior Member
You might have an age discrimination claim if the ONLY reason you were terminated was due to your age. However, please answer mitousmom's questions - we need to know # of employees to see if discrimination laws apply. Thanks.
 

Douglasd

Junior Member
Hi, thanks for everyone's input. There was 22-23 employees there. The physicians had their own dispensing license from the State of Florida. I would fill the prescription and hand the package to the doctor for dispensing since I am not a registered pharmacist. My background is in business/finance as it relates to pharmacy management and operation.

I still have yet to receive my final paycheck. Yes I have applied and am approved for 3 months of unemployment compensation. $1100/mo.

It is my understanding that this new person is dispensing the meds directly to the patient which in Florida is illegal, since she is not a registered pharmacist. I intend on reporting that to the Dept of Health. This particular physician is no stranger to legalities. He has been sued many times by patients for malpractice - the largest one was when he left a sponge inside a man's back. It became infected and the patient almost died.

One question I do have. Is it legal for me to parade up and down the sidewalk in front of their large "Taj Mahal" carrying a sign saying beware of this facility and Dr. Evil. Can the clinic call law enforcement to have me arrested? I believe the sidewalk is public access property - is it not? While I was there, many patients complained about his work and one has become permanently disabled as a result of a botched surgical procedure. She has retained counsel is going to sue this doctor. You would think his license would be called into question after so many lawsuits.

On a final note, I was terminated on January 11. They also terminated my health insurance with BCBS. Aren't I supposed to be notified of termination of insurance and given a chance to continue coverage at my own expense? I had an appt with a urologist and they told me my coverage was null and void.
 
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eerelations

Senior Member
Is it legal for me to parade up and down the sidewalk in front of their large "Taj Mahal" carrying a sign saying beware of this facility and Dr. Evil. Can the clinic call law enforcement to have me arrested? I believe the sidewalk is public access property - is it not?
It probably is legal, as long as the sidewalk you walk on is public property, and not the pharmacy's property.

HOWEVER, I think this an extremely bad idea, for a number of reasons:

1. This is very unprofessional (and childish!) behaviour. What do you think your chances of getting a new job will be, once prospective employers find out you've done this?

2. This kind of unprofessional behaviour will make your age discrimination claim (if your attorney says you have one) seem questionable. The pharmacy will say it fired you not because of your age, but because of your childish and unprofessional behaviour, as evidenced by your post-termination sidewalk activities.

3. The jurists deciding your age discrimination case (if you have one) will also want to know why you seemed OK with the pharmacy's apparent illegal/unethical activities as long as you were working there, and only took issue with the situation after the pharmacy fired you.

4. Unless you're 100% sure that you have the evidence to prove in court that what your sign says is 100% true, when the pharmacy sues you for libel/slander (and believe me, it will), you will lose.

Regarding your health insurance benefits, the pharmacy is required to send you COBRA papers within a specific post-termination timeframe. I believe that timeframe is 60 days, however someone else here who is better-versed in COBRA regulations can tell you what the timeframe really is.
 

cbg

I'm a Northern Girl
The employer has up to 44 days to provide you with COBRA information. From the day that you receive it, you have 60 days to respond. From the day that you respond (assuming that you accept it) you have 45 days to send in your first payment. It is legal for them to cancel your coverage until they have received your first check. Coverage will be restored retroactively at that time.
 

Douglasd

Junior Member
The employer has up to 44 days to provide you with COBRA information. From the day that you receive it, you have 60 days to respond. From the day that you respond (assuming that you accept it) you have 45 days to send in your first payment. It is legal for them to cancel your coverage until they have received your first check. Coverage will be restored retroactively at that time.
Thanks. What legal remedy do I have IF they do not send the required COBRA forms within the 44 day limit?
 

Douglasd

Junior Member
It probably is legal, as long as the sidewalk you walk on is public property, and not the pharmacy's property.

HOWEVER, I think this an extremely bad idea, for a number of reasons:

1. This is very unprofessional (and childish!) behaviour. What do you think your chances of getting a new job will be, once prospective employers find out you've done this?

2. This kind of unprofessional behaviour will make your age discrimination claim (if your attorney says you have one) seem questionable. The pharmacy will say it fired you not because of your age, but because of your childish and unprofessional behaviour, as evidenced by your post-termination sidewalk activities.

3. The jurists deciding your age discrimination case (if you have one) will also want to know why you seemed OK with the pharmacy's apparent illegal/unethical activities as long as you were working there, and only took issue with the situation after the pharmacy fired you.

4. Unless you're 100% sure that you have the evidence to prove in court that what your sign says is 100% true, when the pharmacy sues you for libel/slander (and believe me, it will), you will lose.

Regarding your health insurance benefits, the pharmacy is required to send you COBRA papers within a specific post-termination timeframe. I believe that timeframe is 60 days, however someone else here who is better-versed in COBRA regulations can tell you what the timeframe really is.

Ok idea scratched. Thanks.
 

cbg

I'm a Northern Girl
IF they do not send the COBRA forms in the appropriate time frame, you contact the US DOL.
 

Zigner

Senior Member, Non-Attorney
Thanks. What legal remedy do I have IF they do not send the required COBRA forms within the 44 day limit?
If your motive is to continue your health insurance, then YOU should be proactive and communicate with your former employer about your COBRA options.
However, if your motives are solely to "stick it to 'em", then go ahead and wait to see if you get the forms.
 

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