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Salary Under False Pretenses

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  • Salary Under False Pretenses

    Located in California

    We discovered that an ex-saslesman made an arrangement with one of his new clients to pay the owner of the clinic a wage as a phlebotomist. That is strickly against company policy and State law and places us in a position that violated the State law. Since the salesman is no longer employed by us, there is not disciplinary action we can take.

    We have terminated our contract with the client as a violation of company and State policy and have notified the State of the problem and of the measures we have taken to end it. The State has cleared our company of any wrong doing.

    Can we require the owner of the clinic to refund the wages paid to her? She falsified necessary documentation to meet requirements for the position.

  • #2
    Refund the wages to whom? Not to her, you can't.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Sorry, I meant for her, the clinic owner, to refund the wages back to us that she got paid while claiming to be a phlebotomist. She is not a phlebotomist and was not doing the work we were paying for.

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      • #4
        I'm still a bit confused, but I think you're talking about some type of chargeback between you and the other company, right? Anything you can work out would likely be legal; you just have to keep the employee out of the deal.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Not sure what kind of "clinic" this is, but if they accept any form of Medicare or Medicaid, they should have a compliance dept or compliance officer.
          This should be reported to them.

          The Office of the Inspector General (OIG) of the federal Dept of Health and Human Services investigates wrongdoing committed by entities who receive Medicare/Medicaid. If an entity would do something so dishonest as label someone a phlebotomist, and pay them for something they are not licensed or certified to do, they might also be an entity that would think nothing of committing Medicare, Medicaid, or insurance fraud.

          You might want to call the hotline, and ask if this is something they would investigate. If your company routinely does business in healthcare, you might have an obligation to report this.

          http://oig.hhs.gov/hotline.html

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