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Vicki B. Rowan

Vicki Rowan’s Answers

3 total

  • Can a supervising MD require the Nurse Practitioners he is supervising to pay in cash only? They are not located in same facili

    This MD has in the past been reported and reprimanded for selling drug samples, prescribing pain meds with no medical necessity, and had his priviledges revoked to prescribe in the past. I believe that he is commiting civil tax fraud, but do not k...

    Vicki’s Answer

    Your question is unclear. You are licensed by the NC Board of Nursing. They require you to be supervised by an MD. Ordinarily, that means as an employee. If I understand correctly, he is paying you as a contractor without withholdings and in cash. From a tax perspective, a person in that position would be safe as long as she keeps careful records and reports the income and pays self employment tax. However, I have to wonder if BON would see that as "supervision." A person who believes she is paid improperly could file an SS-8 which is a form which asks the government to determine whether the worker is an employee or a contractor and puts them on notice that the worker is receiving compensation from that physician.

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  • Is my non-compete valid if the company name is incorrect?

    My boss owns two companies; we'll call them AA and ABA...I work for ABA, however when I was hired, I signed a non-compete under the AA heading. Is the non-compete I signed enforceable? My pay stubs and tax documents are all under ABA...please help!!

    Vicki’s Answer

    There is no way to answer this question without reading the actual document and knowing the relationships between the 2 companies, and what state law governs the non-compete. If the drafter was smart, it says between the employee and the company, its affiliates and subsidiaries, which might cover the company you work for.

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  • Can an employer cut your pay after returning from a FMLA leave without your consent?

    The company in which I am employed began an initiative in which employees were asked to sign a waiver consenting to a reduction in salary or take the severance package. I was not offered this option. I returned from FMLA to an automatic salary re...

    Vicki’s Answer

    There are several questions presented. If an employee is out on FMLA, she has a right to return to the same job and same pay and benefits. However if that job does not exist, or has been changed, she may only have the same right she would have had if she had not been on FMLA. A lawyer would need more facts to determined under state and federal law whether there was FMLA retaliation or EEOC retaliation in this case, or whether the employer complied with NC law regarding reductions in pay.

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