Case 6.docx - HIM 6018 E-HEALTHCARE ETHICS CASE STUDY ACTIVITIES Name Case Unit Title 6 Divided Loyalty Qu 1 What internal and external forces impact

Case 6.docx - HIM 6018 E-HEALTHCARE ETHICS CASE STUDY...

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HIM 6018 – E-HEALTHCARE ETHICS – CASE STUDY ACTIVITIES Name: Case #:6Unit Title:Divided LoyaltyQu. 1. What internal and external forces impact this case?Internal forcesAhmed’s competency in his job- knowledge, speed, accuracyJessica’s two employees- one on maternity leave and moving awayUnder-staffing issues Coding 300.01’s prior actions against former employeesAhmed’s financial status, personal status, ethical beliefsAhmed’s familiarly with the health system (prior work), knowing the computer systems and personnelCFO and CEO agreeing to hire AhmedExternal forcesState and federal laws about contract laws/tort lawNon-compete clause lawsAdverse publicity to Springfield General Hospital or 300.01 CodingQu. 2. What legal issues are addressed in this case?Ahmed signed a non-compete clause and his company does enforce such agreement. By having taken the position with his current company 300.01 Coding, he agreed to certain conditions while he is employed and for a time after that employment he cannot work for any other business companies that are competitors. In this case, it would include the hospital he is working as a contractor for Springfield General Hospital.Non-compete clauses protect the business the employees for work, to protect their interests and investments. This prevents employees when they leave from taking away their customers and business base. However this creates significant restrictions on employees who many times are specialized in their fields. These fields many times include research and development where there are proprietary secrets involved.If 300.01 Coding pursued legal action, employers have won significant amounts of monetary fees from approximately $7,000 to $138,000 (not accounting for any inflation or any other factors). The hospital needs to take this into consideration if they pay for the legal fees to obtain Ahmed as their employee. Most of these fees are from loss of profit if the previous employer can prove the monetary loss. Punitive damages may also be associated from the violation of contract law. No criminal penalties would be assessed.Sometimes these lawsuits are found to be unenforceable. Generally cases that win are malicious intent and in direct competition for clients. Alternative dispute resolutions (mediation, arbitration, settlement) may also occur.

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