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Remedies Keyed to Tabb, 8th
QHG of Springdale, Inc. v. Archer
Citation:
2009 Ark. App. 692 (2009)Facts
In October 2002, Dr. Archer and QHG entered into a detailed five-year employment contract that replaced their previous 2000 agreement. The contract provided for an annual salary of $300,000 for the first two years with an eighteen-month salary guarantee and included a provision allowing either party to terminate without cause upon 180 days’ notice. The contract required Dr. Archer to provide on-call coverage on a rotating basis. Over time, Dr. Archer became dissatisfied because QHG repeatedly denied his requests for vacation and continuing medical education, failed to provide adequate personnel and equipment, and most significantly, failed to provide rotating call coverage. With few exceptions, Dr. Archer was on call twenty-four hours a day, seven days a week for more than two years, despite repeatedly protesting this arrangement beginning in May 2001. In January 2004, QHG gave Dr. Archer 180 days’ notice of termination without cause, effective July 2004. However, in May 2004, Dr. Archer resigned his medical staff privileges due to problems with his hands that prevented him from operating safely. The next day, QHG terminated him for cause. Dr. Archer sued for breach of contract and unjust enrichment.
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