A medical center is counter-suing an anesthesiologist in a wrongful termination dispute, alleging that the physician was terminated for breaching his employment contract despite his arguments that he was terminated for refusing to accept a pay cut in response to the COVID-19 pandemic.
Synergy Healthcare Solutions, which specializes in anesthesia services and pain management, filed a counterclaim on Sept. 21 against plaintiff William Thom, M.D., through attorney Natalie Lorenz of Mathis Marifian & Richter LTD in Belleville. It claims Thom failed to comply with his employment agreement.
Synergy allegedly met with Thom on Jan. 9 to address several concerns with respect to his alleged failure to abide by the agreement. Among those concerns, Synergy claims Thom had been wrongfully directing his radiation technologist to sign procedural notes. He was directed to stop, but he allegedly refused to comply.
“Dr. Thom acknowledged his failure to sign procedural notes, and expressed that he was too busy to comply with such requirements,” the countersuit states.
Following the meeting, Thom allegedly again asked his assistant to sign the procedural notes. His assistant informed him that she had been instructed not to do so. He then failed to sign the notes in a timely manner, Synergy claims.
During the Jan. 9 meeting, Synergy alleges it also discussed with Thom that he repeatedly and regularly arrived late and left early, failing and refusing to comply with his schedule and fulfill his assigned working hours.
Thom is also accused of failing to sign off on patient charts, resulting in delayed billings and issues with cash flow; as well as taking a week of unscheduled vacation in the fall of 2019, requiring Synergy to reschedule patient appointments and lose case volume.
In March, Synergy directed Thom to develop a telemedicine program in response to the COVID-19 pandemic, the counter-complaint states. The program was scheduled to launch March 23.
Prior to the telemedicine program launch and corresponding staff meeting, Thom allegedly discussed the program with Synergy and committed to being on-site throughout the day to assist in the implementation of the program. However, Synergy claims that while attending the March 23 meeting, “Thom openly made statements disparaging the guidance of Synergy administrators regarding the performance and procedures at the Synergy facility and was disruptive to the relationship between management and staff, including statements that Synergy’s owners had not provided guidance to Dr. Thom and had not communicated with Dr. Thom concerning the telemedicine program.”
Thom allegedly instructed his assistant to cancel all appointments from March 23-27 and left. He returned on March 30. He then participated in a phone conference with Synergy the following day. In light of his “walk-out” and alleged continued failure to adhere to the terms of his employment agreement, he was offered the opportunity to re-negotiate his salary. Thom did not agree to a reduction in pay, the countersuit states.
Synergy terminated Thom’s employment on April 9.
Thom allegedly sent an email to “a large group of physicians in the St. Louis and metro-east area” claiming he was terminated without cause so Synergy could “offload” his salary and switch to a cheaper “‘medical director for hire’ scenario.”
Synergy argues that according to the employment agreement, Thom is precluded for two years from engaging in employment with St. Joseph’s Hospital in Highland, Gateway Regional Medical Center in Granite City, St. Anthony’s Health Center in Alton, or another pain management facility. Synergy alleges Thom is currently offering services with one or more of the prohibited medical centers in violation of the agreement.
Synergy also accuses Thom of defamation for allegedly making false statements regarding the telemedicine program and the circumstances surrounding his employment termination.
Synergy seeks a judgment in its favor, plus punitive damages, court costs and all other relief deemed just and proper.
Thom filed his complaint against Synergy on July 20 through attorneys Adam Hirsch and Julia Mohan of Roetzel & Andreas LPA in Chicago.
According to Thom's complaint, Thom, a board certified anesthesiologist and pain management physician, entered into a contract with Synergy on Dec. 1, 2017, to provide his medical services. He officially began working for Synergy on Feb. 1, 2018.
Thom claims the employment agreement included a $500,000 yearly salary plus a quarterly "production bonus based on the amount of relative value units" (RVU) that he generated for Synergy. The agreement also allegedly included the possibility of Thom becoming "an equity owner" of the company, according to the suit.
The agreement was renewed in February of this year. Thom alleges that on March 31, Synergy owners asked him to consider taking a pay reduction due to the COVID-19 pandemic and the company's "reduced revenues," which he declined. On April 9, he alleges he was terminated without cause in breach of his employment agreement. Thom also alleges Synergy failed to reimburse him for his tail insurance of $45,323 per the agreement.
In its answer to the complaint, Synergy denies liability and argues that Thom breached one or more provisions in his employment agreement to warrant termination for cause.
More specifically, Synergy alleges Thom breached the provisions stating that when a physician is scheduled to work, he is obligated to treat the patients with scheduled appointments and any emergency appointments that may arise. Thom also allegedly breached provisions requiring physicians to complete paperwork, comply with bylaws and policies of the hospitals and facilities, and perform radiology practices in accordance with customary rules and ethics of the American Medical Association.
Madison County Circuit Court case number 20-L-1006