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SJBird55 -> RE: Home Health agency not paying. (October 3, 2007 3:28:30 PM)
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Most employee contracts are "at will." If your employment contract is "at will," then you can terminate your employment services with your employer at any point in time. What I would have done in your situation is 1) after the discussion with my manager determine if I wanted to continue to be employed, 2) if I did not want to be employed, I would have snagged every patient chart for patients under my care and documented in every chart that I was no longer the supervising physical therapist in the care for the patient immediate effectively, 3) Typed up a letter documenting my termination of employment, the reason for the termination which was based on the identified date of discussion with whomever was my manager and faxed it to human resources, and then 4) I would have found someone within the organization (human resources) to "witness" turning in the supplies provided to me for home health visits - I would have had the person sign a sheet indicating the supplies that were being returned.
The next thing you would then do is find the labor and employment department (not sure what it is called) in your state. Contact them or find them on the internet. Complete an allegation or complaint form and indicate that you have not been paid for whatever time interval. You may need the tax ID of the home health agency. Generally, after state receives your complaint, you'll be cut a check within a short amount of time. It is illegal to not pay someone in an employment situation. Companies can't even withold money from you - for example..... you leave a company and the company believes you owe them for continuing education - they can't withold that money from you. Legally they have to pay you. Their only option is to take you to small claims court.
You might be liable for stopping the visits without first communicating to the home health agency so that the home health agency could have found another therapist to take over your cases.
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