Signed employment contract, worked and never got paid entire amount owed

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Signed employment contract, worked and never got paid entire amount owed

I was hired as a Physician Assistant for a Psychiatry practice. I have a signed employment contract. My contract specified that I would receive a straight percentage of what was collected from patient co pays and insurance reimbursement. I worked there and saw patients for 3 weeks. I completed and documented a total of 130 patient visits. Each of these visits reimburses between 200 and 250.
I was paid a total of 2,000. I have sent email to the practice on several occasions and have been told there were problems with the insurance claims. They had been delayed. It has been 5 weeks since I was paid anything.
At the end of the 3 week period I was suspended from the practice due to a patient’s husband that made an allegation that I had a relationship with his wife.
There is a pending investigation by the state board of medicine. My medical license has not been suspended. I am now working for a different medical practice.

Asked on April 11, 2017 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In regards to payment, under the agreement or arrangement you describe, the key factor is, what was collected? You write that you were to receive a percentage of "what was collected"; therefore, if there were "problems with insurance claims," and less was collected (or is still pending collection) than was anticipated, that would reduce what you receive. If you believe they are lying, however, and received more money than they admit (and so owe you more), you could sue for "breach of contract"--for violating the agreement about what you'd be paid. In the lawsuit, you will have the ability to request their records (so long as you sue in "regular" county court, not small claims; small claims court is limited in terms of what you can do or get) and check what they collected; if they do owe you money, the court can order them to pay you.
If their allegation about your relationship was false, in the same lawsuit, you can potentially sue for "defamation": for the making of an untrue factual statement about you which damages your reputation. You can potentially recover additional compensation for that.


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