Mount Vernon, NY asked in Contracts, Employment Law and Health Care Law for New York

Q: NYC Labor Law Question for Medical Practice

NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any money previously paid towards their salary for the dates proven? or can this only be done via a lawsuit? (2) if they request time off for a non-urgent reason, we deny the request, and they still take the time, are we still subjected to paying them PTO in any way?

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: A lawyer should review the contract or restrictive covenants which have allegedly been broken. Deducting pay or benefits without following notice provisions in the contract should not occur. Serving notice is usually the first step in the process. Liquidated damages may be permissible while penalties are not. Without a comprehensive review of documents and facts it's impossible to suggest a course of action. Lawsuits are generally not the first option for most employment law matters.

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