To say we felt horrible is an understatement. Svend like Dr Hayes. He feels horrible how it all went down. We waited until Hayes was gone yesterday before Svend went in to get all his things. He had 2 assistants walk back with him as "witnesses" to make sure no one could blame him for anything. Dr Hayes was already changing the locks. Really?
We tried calling our lawyer several times yesterday but still have not heard from him. Svend never texted Hayes back. We don't know how to respond or if we should.
Apparently he let Jackman go via text from his secretary. Wow.
The girls in the office kept saying they were so sorry and "we're on Dr B's team!" that was sweet of them but we didn't stay to chat. Svend wanted out of there as soon as possible. He did not want to see Hayes at all.
One thing the girls did say was that Hayes told them Anna was only 22 miles away and the noncompete was 25 miles. This was something we worried would happen.
The facts, however are, Dr Hayes only has 2 patients from Anna. Bonham is out or the noncompete as well as Durant...but most of his patients come from B and D. Would he rather us open there? AND we have not been conspiring with the local competition. Jackman does not have medicaid/medicare clients like Hayes does. He takes mostly private insurance pts. Also, Jackman does not do surgeries at WNJ like Hayes does. Svend will have privileges in McKinney, well out of the noncompete range.
Hayes has officially denied Svend access to his patients which he performed surgeries on. This is a violation of the law. By his contract, he is supposed to give 15 days notice or 15 days to "work out their differences" None of this was given.
Svend and I have started a list in case Hayes wants to argue the noncompete...
-legit pay stubs... where are they? There has never been any indication that money has been distributed properly or legally. We get a handwritten check/stub with just numbers on it. I have asked multiply times for a printout. When we finally got one int he 7 months of working there it said "-Hayes, Steve" instead of Svend Bjorn. Apparently Svend is the "-"
Also, which paychecks Svend was given a paycheck 4 days late because Hayes had to pay the electric bill instead. Never mind that Svend gets 1/3 of what money actually comes in to the office...so shouldn't there have been enough for HIS MONEY THAT HAYeS HAd TRiPLE the amount of?
Also, He has told Svend to wait to cash checks to make sure it clears
THESE ARE REASONS WE EVEN BEGAN LookINg for otheR work!!!
Which makes us wonder if Hayes is guilty of insurance fraud. We will be calling Medicare on Tuesday to ask about billing in the wrong physician's name.
Hayes promised lots of equipment. Including a digital x-ray machine.
Svend was supposed to have an assistant. Nope.
- The "Conspiring" Came about because of Hayes handling of finances and his personal choice to ignore them.
When Svend realized something wasn't right a few months ago, he decided to open a practice in Anna. We were told by a banker friend that we could buy a building in Anna without problem. We began researching. I was scared but Svend was excited. We began looking at 3rd party billers/etc. Svend reached out to a classmate who began his own business last year. He said DON'T DO it!! Svend looked into buying a practice or a new job all together in Nebraska.
When things got fishy-no paycheck- Svend went to talk to Jackman. Jackman is a member of our church and his wife is a family friend. He went to make sure that he could keep his 2 year contract and that maybe things weren't as bad as Svend thought they were. In their meeting, Svend told him he was thinking of leaving to open a new practice in Anna. Jackman quickly told him not to because he had just purchased a building and was opening a practice after the new year.
Svend came home bummed. He had this thought and really a dream and now it was crushed. As it turned out, Jackman became worried about Svend working for Hayes because Jackman had had similar experiences and after fulfilling his contract term felt that he had not gained anything and was owed a lot of money by Hayes. As a concerned friend, he offered Svend a way out.
Of course Svend was excited. He knew this is what he wanted. Svend does not have a contract. Svend has not told patients he is leaving. He has not solicited anyone about his job.
We HAVE met with a lawyer. The lawyer agreed that something was not right at Haye's office and rather than our name be tarnished we should just leave before something bad happened. When the IRS showed up, Svend decided it was time to leave. Hayes just beat him to it.
our lawyer feels the noncompete is not enforceable because it does not include a real buyout. We are hoping that because Hayes has so many more issues that he will just leave us alone. ...and that he will pay Svend when Svend's money comes in...
Svend is stressed. I'm scared. We are pulling our kids out of capoeira because we can't afford it without a job. We lessoned our car insurance and are putting our cc on hold... cutting back as much as possible. If we are chased down by Hayes we'll have no choice but to find a job elsewhere... uprooting our kids...again.
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