Kent Clinic Research Paper

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Shari Leavitt Master’s Research Project – Kent Clinic MBL 660 Friends University July 6, 2010 Kent Clinic is a small privately owned clinic in Smallville, Kansas. Kent Clinic is owned by Dr. Kent and Dr. Queen. On staff are 5 doctors and 50 other employees. The employees of Kent Clinic come from diverse backgrounds and varying levels of education. Of the 55 employees, one is a military reservist and three are pregnant women. Kent Clinic needs to ensure all legal risk areas are properly addressed to prevent legal action against the clinic. One legal risk Kent Clinic could face is property law as the clinic expands to accommodate its growing clientele. A second legal risk is the tort…show more content…
Tillman the court recognized a medical employer’s ability to protect legitimate business interests, stating “customer contacts, special training of employees, trade secrets, confidential information, loss of clients, good will, reputation, and referral services” all constitute legitimate business interests.[xvii] Patients become accustomed to having appointments with their doctor of choice. If a doctor terminates employment with Kent Clinic and sets up practice nearby, the potential loss of clientele could be devastating to the clinic. Non-compete clauses in employment contracts should be for a reasonable amount of time and territory. In Foltz v. Struxness the court ruled against the non-compete clause because it was for a period of 10 years and within 100 miles.[xviii] The court determined that time and territory restrictions would place an undue burden on Dr. Foltz.[xix] Another facture to consider is whether public welfare will be at risk by restricting the physicians at Kent Clinic from practicing medicine within a close proximity to the clinic. Kent Clinic does not have a monopoly on physician services in Smallville, Kansas. Currently 3 other clinics operate within a 10 mile radius of Kent Clinic. Unincorporated Business…show more content…
Southwest Airlines Inc.[xx] Gregory Wilson received judgment against Southwest Airlines for discrimination in the hiring of only female flight attendants. The district court found “Southwest Airline’s policy of hiring only female flight attendants and ticket agents violate Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e.”[xxi] Other cases, settled out of court, have shown men to be discriminated against in the hiring process.[xxii] In the LA Weight Loss case, the company was not hiring men as well as not promoting current male employees because they were male.[xxiii] Lowry’s attempted to avoid discrimination suit by claiming the hiring of only female servers was a “company tradition which affected business.”[xxiv] Both companies settled out of court for amounts over $1 million. Title VII of the Civil Rights Act of 1964 (Title VII)[xxv] prohibits discrimination in employment based on race, color, religion, sex, or national origin. Title VII applies to employers with at least 15 employees. Kent Clinic should hire new nurses based on ability, experience, and professional reference. The clinic should pay persons with equal ability and experience equal wages to avoid legal
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