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Sorry I have a multi-faceted discrimination, compensation, harassment and possible Embezzlement

Discussion in 'Employment, Labor, Work Issues' started by TommyArtOne, Jul 1, 2019.

  1. TommyArtOne

    TommyArtOne Law Topic Starter New Member

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    I have something I believe is big. I need someone not from here in Mandeville,LA connected to this Ear, Nose and Throat, Facial Plastics, Medical Spa and my department Hair Restoration. I wanted to pick an African American to represent me because this is an all white 50 employees and Me.

    Ok I apologize for being long winded.

    I've traveled the world performing this procedure for Hair Restoration. I came from the first clinic in Atlanta, GA that created an alternative surgical procedure that leaves no scars, etc. I developed tools and then worked for top doctors in Denver, Minnesota, Atlanta, Belgium, Dominican Republic, Cyprus, and Tijuana, MX. Literally, added this service where ever I went and each clinic now makes hundreds of thousands profit annually.
    I wanted to come home to bring my skills to help someone in NOLA, this was 2015. I went with XXXXXXXX medical 750 Camp Street in the CBD. I re-branded him, re-built his website, SEO'd his web and brought him from google page 6 to Google Page 1 Number 1 (xxxxxxxxxxx) I had to work his back office as a nurse for his regular family practice, and performed his surgeries by myself on those days. However, he paid me a crappy base of 19/hr and started at 4% commission on every case, but literally took it down to 2% without me knowing. A long story short, I had to travel to Tijuana, MX every weekend for $5000 cash because I helped another friend to get her Hair Transplant clinic off the ground and I was not used to making under 70K with 24/hr sizable bonuses. Brutal travel and work. This ass hat decides to lay me off (2017) because he wanted to lessen his work schedule and use me for surgeries only, which took my benefits away and took 40K out of my household. He wanted me to do his surgeries for crap money so I left stopped working there.
     
  2. TommyArtOne

    TommyArtOne Law Topic Starter New Member

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    SO I worked TJ (Tijuana, MX) for 6 months and her scheduling was erratic. I wanted a stable place to build their hair transplant clinic and be paid what I am worth again. XXXX came up and I went to Mandeville, showed them what I made in my previous jobs, tax returns, etc. I showed them that my doctor in Minnesota paid me really we at 72K and further bonuses and I did not have to do anything but the surgery itself. I showed them that I could rebuild their really shitty website, plus my own, and get them to number one with traffic for all of their departments.They showed me a contract that stated 18/hr with 10% bonus quarterly, and if I pay their bad debt off I could make 20% bonus. The attractive 20% was the only reason I took the job. I did my job as I stated. Every month we had a departmental meeting and they showed me expenses and profit. The numbers made no sense so I questioned where the ledger was. They have a third party (Doctors Management, LLC) that was always present who badgered me for spending time looking at my overhead when I should be focusing on my job. WHAT? I recorded everything because I began to get bullied at that point. My doctor threatened my job at 9:30pm at night if my technician who works with me doesn't show up for work if she is sick. I saved those messages. He stated that I would be gone. My practice manager accused me of not knowing OSHA safety protocol and we had a heated argument. It is so bizarre and they think they are being subtle.
     
  3. TommyArtOne

    TommyArtOne Law Topic Starter New Member

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    My best web work was their web and I can show that their traffic exponentially increased. They have facial plastics procedures which never had one picture result for 8 years until I corrected that. Literally I saved them thousands of dollars because I know both SEO and Medical knowledge. I built the hair department and with zero help. I am valuable to this clinic in many ways such as the doctor cannot get board certified until he gets 24 cases. I got him already 10 now. Each case is $10-$11,000. They paid $120,000 for a machine that sits there doing nothing because they got duped by a company. They said I could sell it, so I have several people that would take it. Since they were already singling me out, they said if I train another individual my skills then I could sell it. I said absolutely NO. So this expense which I have no clue where it is in the break down. I pay the doctor 35%, rent which is a pro rata and that is an astronomical 24%, etc. The last three months I have hammered them asking where these monies are going? Every month they have no idea and they would get back to me... My overhead is very very low. So at my quarterly meeting everything came to a head. I was handed a $177 check after the taxes. I stated that my ambiguous contract states that I may renegotiate my compensation "from time to time", so I asked to bump my base because I cannot live on this salary and I am tired of not knowing where my money is so I can track my profit/loss
    Another department, the Medical Spa, caught wind of my inspecting the ledger and that department found thousands of dollars missing. So the Medical Spa and myself were targets. The medical spa showed me where money was changed over to different departments at night.
     
  4. TommyArtOne

    TommyArtOne Law Topic Starter New Member

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    Listen I know this sounds crazy. But it is the truth. I am beat down mentally from the emotional abuse of my doctor and practice manager. I was accused of sexual harassment and was forced to take a class online. I have never in my life been accused of this. It was a conversation that several people were joking about but I had to do it. I told them no because I did not want my name added to ANY database. They forced me. No one else had to take this class and there is no protocol in the handbook. I am glad I took it because it confirmed that I did not violate anyone. I recorded her telling me that several people were uncomfortable with me. I said why and who? she said I was coming out of a room pulling my pants up. This is when I figured out that they were trying to push me out. That was a lie and I recorded that conversation. Finally my doctor comes in my office last week and said, "Hey we will change your compensation tomorrow. Just hang tight" Recorded him too. They had a financial meeting with me, and yet again the numbers were screwed up again and still don't have anything corrected with thousands missing. RECORDED they said they were not going to bump up my compensation. I immediately stated on recording that they were being shady for the number issue and I cannot live on this. I asked why he straight up lied and said my compensation was going to change. He did not say what change. But he baited me so I would probably get more mad when they told me nothing will change.
     
  5. TommyArtOne

    TommyArtOne Law Topic Starter New Member

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    I am sorry for this long winded complaint but I saved this for reason. I will list what I have instead of continuing... I have:
    1. Burden of proof of shady practices of the financials which I saved everything month to month.
    2. Cronyism of the doctor, practice manager and higher ups. The Medical Spa was all made that they were being ripped off but suddenly they were happy and said they had made a mistake and suddenly they get a $90,000 machine for the Spa so now they are cronies. I am the bad guy.
    3. Proof that I am bullied almost daily.
    4.They promised to compensate me for giving life to the web traffic. I made their analytics sky rocket. I can prove that the practice is being dominated by cash sales to Medical Spa because of my work. They have not giving me a single thing. They minimize it. They started having secret meetings about the website with everyone but me. And then I had to explain what the traffic was and if it was good traffic.
    5. I asked to be compensated when I worked at nights for months. No.
    6. They asked me not to sign any more patients until the meeting tomorrow but I did anyway totaling $17,500
    7. I can prove that they handed me a job description after 5.5 months and it looks like a kid wrote it and definitely singled me out.
    They don't know what to do with me because they have violated me several times only to backfire. They do not want any attention to go to the public because they are prestigious. This is a clinic of all white 50 employees and one brown (Me). I finally got a back bone and started demanding respect, and I was not putting up with the pushing me out. I wrote emails to Dr. XXXX that I was tired of the bullying. I recorded me almost begging to stop crushing me financially because I was not walking out.
    Please... I need your help after all of these years. I am not crazy. I am a professional that has a skill that no one can do down here without the experience or flying others in. I AM the most experienced person in the world outside of the 3 people who created this procedure with me.
    This is real and I need to slap them into reality with the law. I could care less about the job. Ii have lost my drive because it is not appreciated. However, my last GF left last week I am sure because of my poverty. Oh well LOL

    Tom
     
  6. Zigner

    Zigner Well-Known Member

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    Your matter is too complex for an internet forum. Speak to an attorney.

    Make sure you ask a question.
     
    hrforme and justblue like this.
  7. army judge

    army judge Super Moderator

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    I think you're sitting on the "mother lode" of lawsuits.


    I can honestly say that I have NO connection with the above named entity.

    Yes, "people of color" would be a good choice, but so would "people without color", because people are people.


    No need to apologize, mate.

    You're doing just dandy.


    Gasp, you must be very accomplished, mate.

    I applaud your success and acclaim.


    SMDH, some people will always try to screw you.

    Looks like you ran into a rotten thief.


    Just a thought, mate, why not open your own facility?

    In fact, if you open one outside the USA, herds of eager, needy people will flock to you, because you are THE ONE!

    Forget the lawsuit, open a clinic and bill yourself as THE ONE!

    Don't worry about a bill for my help, mate, this is my gift to THE ONE!

    the1.gif
     
    Zigner likes this.
  8. Tax Counsel

    Tax Counsel Active Member

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    Tom, your posts were much too long, hard to follow, and contained a number of facts that do not appear to be relevant to the legal issues. So I had a hard time figuring out what the real legal issues are here. You have a contract with this place that I have not read. You are entitled to whatever you were promised to receive in the contract. If the firm didn't pay as it was supposed to and you did your part, then they breached the contract and you can sue for the breach.

    You also suggest that illegal discrimination is occurring. However, it's not clear whether you are an employee or independent contractor nor is it clear that whatever ill treatment you allege is because of your race (or other protected characteristic) or whether it is because of something else. It's also not really clear to me in what state you are currently working with this firm. All of those things matter.

    Talk to a civil litigator (or several of them) in your state to see what remedies you may have. I suggest you not limit your search to lawyers of only your race unless you really need that to be comfortable with the lawyer you work with.
     
  9. cbg

    cbg Super Moderator

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    And to be sure it's clear - this is not an attorney referral service and reputable attorneys do not troll message boards looking for clients. You cannot find representation here.

    Call your state Bar Association, your local Legal Aide, or any law schools in your area for referrals.
     
    TommyArtOne, sandyeggo and justblue like this.
  10. TommyArtOne

    TommyArtOne Law Topic Starter New Member

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    Hey thank you all for your comments. I know this sounds all over the place but this is absolutely fact with no exaggeration.

    Let me start by asking this question in regards to the the discrimination route. I honestly do not think my discrimination is based on race, color, national origin, age, sex, religion, however I do believe I have proof for disability discrimination, harassment, and cronyism at its finest. I limp at work and my job description handed to me 5.5 months after i started working had a long section on full range of motion to do my job. This is bull. I can do my job without legs if I had to. I will post it here. Also, my job description states emphatically that I am not to collect fees for my cases. I never asked to do collect billing but why can't i? Every department head does this as part of their jobs. I felt discriminated there.
    Harassment is clearly going on every day. The forcing me to take a sexual harassment class when no one in the company ever has including the practice manager was purely harassment and i felt sequestered. So my question is, what should I do tomorrow? I have to face them yet again about my compensation because I asked why did my physician say in privacy that I would get a change in my compensation when clearly I did not the next day. I need representation. I need to let them know that this has to stop and i deserve to be compensated for my services that brings in cash.

    I would start a hair business out of the country for sure if you were serious. I love my work. I love making men and women happy with what i do.


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  11. army judge

    army judge Super Moderator

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    As The One, you can rest assured I am serious.

    Thousands of US people flock south of the our border to Mexico, Guatemala, Nicaragua, etc to have "special" services preformed.

    With your list of accomplishments and accolades, as The One, once they learn where you've set up shop; there'll be so much business you'll have to hire The Two, The Three, The Four, and The Five to care for all of them.
     
  12. cbg

    cbg Super Moderator

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    Tommy, please explain precisely, in 50 words or less, what you believe this board can do to assist you.
     
  13. hrforme

    hrforme Active Member

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    >Let me start by asking this question in regards to the the discrimination route. I honestly do not think my discrimination is based on race, color, national origin, age, sex, religion, however I do believe I have proof for disability discrimination, harassment, and cronyism at its finest. I limp at work and my job description handed to me 5.5 months after i started working had a long section on full range of motion to do my job. This is bull. I can do my job without legs if I had to. I will post it here.

    Generally job descriptions include a statement on reasonable accommodation for an ADA defined disability. "I limp at work" may or may not rise to the level of an ADA defined disabilty Then there is a discussion once a request is made. The fact that you can currently do your job without reasonable accommodations means that you don't have an issue. Until they possibly actually discriminate against you for having a "limp".

    >Also, my job description states emphatically that I am not to collect fees for my cases. I never asked to do collect billing but why can't i? Every department head does this as part of their jobs. I felt discriminated there.

    Not all discrimination is illegal... doesn't really matter why they allow dept heads to do it but not you. Could be your part of the business is much higher for fraudulent payments.

    >Harassment is clearly going on every day. The forcing me to take a sexual harassment class when no one in the company ever has including the practice manager was purely harassment and i felt sequestered.

    It is not harassment to require you to take a class - it is very possible that someone complained about something you said, etc and this is their remedy. You don't know that others aren't being required to take it.

    >So my question is, what should I do tomorrow? I have to face them yet again about my compensation because I asked why did my physician say in privacy that I would get a change in my compensation when clearly I did not the next day. I need representation. I need to let them know that this has to stop and i deserve to be compensated for my services that brings in cash.

    Compensation changes normally don't take place "the next day". Something said in privacy, not in writing, etc means that you will have a hard time proving any such promise. Oh and "that brings in cash" may be one of the reasons they don't let you handle billing directly. If you are being paid under the table in cash that you are not paying taxes on, it's going to be hard to later make any type of claim that wouldn't also make you liable.

    >I would start a hair business out of the country for sure if you were serious. I love my work. I love making men and women happy with what i do.

    Your only real option is to start your own business where you make all the rules and you keep all the cash. However, there are costs to that (space, equipment, insurance etc).

    I will admit I didn't read your other posts....way too long with too much information that is irrelevant.
     

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