LAWSUIT: Delray Dentist Claims Another Dentist Extracted Employees

Delray Beach Florida LAWSUITS News Palm Beach County

DENTIST CRAIG SPODAK SUES DENTIST JENNIFER MUIR…

Spodak Dental Group is suing former contractor Dr. Jennifer Muir. (Photo: Courtesy Spodak Dental Group Delray Beach, FL).

BY: LITIGATION DESK | BocaNewsNow.com

UPDATE: September 7, 2022 — BocaNewsNow.com has learned that this lawsuit has been dismissed.

DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) — Well-known Delray Beach Dentist Craig Spodak of the Spodak Dental Group is suing former contractor Dr. Jennifer Muir, claiming Muir violated the terms of her temporary employment agreement by soliciting Spodak’s workers to work for her. That’s a violation of the agreement Muir signed, according to the suit filed in Palm Beach County Circuit Court. Muir is also accused of taking dental records from Spodak’s offices, and publishing photos of Spodak’s patients on her social media accounts.

Craig Spodak, DDS.

According to the complaint, Spodak entered into a one-year agreement with Muir to work in his Delray Beach Office. The agreement ran from July 1, 2019 to June 30, 2020. During the terms of the agreement, Muir was to be paid no less than $500 or day, or she would receive 32-percent of net collections minus 32-percent of fees assessed by Spodak’s in-house lab. She was also incentivized to promote Invisalign by being offered a reduced price for Invisalign lab work. Read Muir’s employment agreement, below.

Jennifer Muir, DDS.

But the core of the suit is the claim that after leaving the employment of Spodak — and possibly before — Muir solicited Spodak’s employees in an effort to have trained dental office professionals leave his practice to work for her. That violates her contract. From the complaint:

“Subsequent to the parties’ mutual termination of the Independent Contractor Agreement, and perhaps even before then, Defendant DR. JENNIFER MUIR, D. D. S began continuously and actively soliciting multiple employees and independent contractors engaged by Plaintiff CRAIG SPODAK, D. M. D, P. A. d/b/a SPODAK DENTAL GROUP for employment or engagement with Defendant, and/or dental practice(s) with which she is directly or indirectly related or has an interest, in violation and breach of Section 11 of the Independent Contractor Agreement.

These dental practice(s) include Jennifer Muir, PLLC, Muir Dental, Muir Ouelette Dentistry, Muir & Ouelette Dentistry, Muir Ouelette Cosmetic & Restorative Dentistry, Ouelette Muir & Associates and perhaps others. As a result of Defendant DR. JENNIFER MUIR, D. D. S.’s wrongful actions, she and/or her dental practice(s) employed and/or engaged, and continue to employ and/or engage, at least two now former employees of Plaintiff.”

Dr. Muir is also accused of publishing images of Spodak patients on her social media accounts. Also from the complaint:

“Further, Defendant DR. JENNIFER MUIR, D. D. S, obtained, removed, secreted, misappropriated and disseminated certain dental records, specifically, pictures of Plaintiff’s patients’ teeth and related dental work, and used and published same on her and/or her dental practice(s) social media accounts, including Instagram, Facebook, and website, in violation and breach of Section 6 of the Independent Contractor Agreement.”

Attorneys for Dr. Muir had not filed a response to the suit as of 9:40 a.m. Saturday, August 13, 2022. Spodak is represented by Attorney Wayne Kaplan in Boca Raton. Read the complete complaint, below.

Spodak-v-Muir

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