If I’m an associate chiropractor in a 1 year contract, would the terms of my employment contract be nullified by illegal activity on the part of my employer?

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If I’m an associate chiropractor in a 1 year contract, would the terms of my employment contract be nullified by illegal activity on the part of my employer?

I have noticed the practice owner routinely charges for 8 minutes of intersegmental traction but only provides 6, falsely records positive orthopedic tests to justify X-rays, and charges a cash price of $50 an adjustment but creates care plans based on what insurance covers. Am I an accessory to a crime? Is this an instance where I should contact the state board and/or an attorney?

Asked on December 31, 2015 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) If you know that the business is submitting false invoices and documentation, over billing, etc. and, knowing that, help the owner do that, then yes, you are committing a crime (and/or being an accessory or accomplice thereto; and/or engaging in conspiracy to commit a crime). If you didn't know this was wrong and just innocently processed paperwork, etc. that would be different; but once you know that what you're doing is wrong, you can't keep doing it.
2) You can't be required to do illegal acts--contracts to do illegal things are void and unenforceable. Therefore, based on what you write, this should allow you to escape your employment contract.


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