On June 22, 2010, Dr. Masha Maxim through her attorney Joey P. San Nicolas sued Dental Care Corp., its directors/managers Rod Stewart, and Scot Thompson, for bad faith termination, breach of employment contract, and breach of covenants of good faith and fair dealings.
San Nicolas’ client is asking the court for an award of damages in an amount which Maxim would have earned if she had been provided with full-time work through the unexpired term of her employment contract, in an amount to be proven at trial, prejudgment interest, and liquidated damages, under the cause of action.
Maxim is also asking for the imposition of appropriate sanctions and penalties against her former employers to deter future violations regarding unlawful termination of employment, and other relief as may be deemed proper at law and in equity, according to San Nicolas.
Court records showed that Maxim was hired as a dentist by Dental Care for a term of two years that will expire in Feb. 2011, with an annual salary of $60,000.
San Nicolas said the defendants “in fact agreed to and compensated” Maxim for $100,000 salary per year plus $1,000 monthly living expenses.
“Dr. Maxim received half of her salary in cash and the other half in check,” San Nicolas said.
San Nicolas said his client on several occasions complained to the defendants “about the need to accurately report her income to CNMI Revenue and Taxation.”
“However, defendants failed to provide CNMI Revenue and Taxation with [Maxim’s] true record of income,” San Nicolas said.
Prior to her employment, Maxim told Dental Care that she “could not provide orthodontics services on her patients since that was outside the scope of her practice,” San Nicolas said.
“Upon learning that a dental assistant was delivering orthodontics services at Dental Care, Dr. Maxim objected to Dental Care providing such services,” San Nicolas said.
On March 23, 2010, Maxim again informed the defendants that she objected to delivering orthodontics services “when a patient was booked for orthodontics services with the same assistant,” San Nicolas said.
The next day, March 24, Maxim informed Dental Care that she would not renew her contract.
Two months later, on May 24, 2010, Dental Care gave Maxim a letter explaining the acceptance of her resignation, and informed Maxim that her plane ticket would be available on May 31, 2010, San Nicolas said.
Maxim, in a letter, denied that she resigned, and asked for a copy of her supposed resignation letter which Dental Care could not produce, San Nicolas said.
On May 31, 2010, Dental Care through its attorney informed Maxim that her employment was “terminated for cause” effective May 24, 2010 “due to an assault Dr. Maxim allegedly committed on…Scot Thompson.”
On Aug, 6, 2010, the defendants through attorney Michael W. Dotts denied Maxim’s allegations, and in turn filed a counterclaim for cause of action of assault on Thompson on May 24, 2010 while Maxim was collecting her belongings at Dental Care over the weekend.
Dotts said on May 21, 2010, his clients Stewart and Thompson met with Maxim to review her employment over the last year and to address her demand for a raise.
“Stewart and Thompson explained that they were not happy with Maxim’s performance, particularly her refusal to do extractions, and that they would not be giving her a raise. Maxim then announced that she quit,” Dotts said.
The assault on Thompson after handing over a letter for Maxim happened in front of an employee that “caused [Thompson] embarrassment and humiliation and affected his ability to supervise employees and otherwise perform his job,” Dotts said.
For the counterclaim, Thompson should be awarded of actual damages, including for emotional distress, and for punitive damages, according to law and proof, Dotts said.
His client is also seeking such other and further relief as the court deems just and proper “under the circumstances.”
Dotts is demanding a jury trial.
