On August 23, 2023, our law firm, Towards Justice, and Donati Law, PLLC filed a lawsuit against SpecialtyCare on behalf of its surgical neurophysiologists. The Complaint alleges that SpecialtyCare requires new surgical neurophysiologists to sign a Training Repayment Agreement Provision (“TRAP”) in order to work for the company. To keep surgical neurophysiologists working, among other things, the Complaint alleges that SpecialtyCare contractually bars them from leaving their employment for a period of three years and threatens them with stiff financial penalties. The training, which involves part-time coursework, lasts no more than a year. But the TRAP debt continues to increase even after the training is over.
An employee who quits or is fired for cause within six months may owe SpecialtyCare $15,000. An employee who quits or is fired for cause after between two and three years with SpecialtyCare may find that their debt has doubled to $30,000. The Complaint alleges that this ballooning debt, even after the training is completed, shows that the TRAP is an unlawful attempt to keep workers trapped in underpaid, hard jobs, where leaving could mean paying back more than half of a year’s salary.
The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act (FLSA) and putative class action under Tennessee law. The action seeks to recover damages within the applicable statutory period, including the amount paid pursuant to the TRAP, statutory violations, and other damages/penalties recoverable under state law.
Dorta & Fuchs v. SpecialtyCare, Inc. Case No. 3:23-cv-00892 (Middle District of Tennessee)
Frequently Asked Questions
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This is a Class Action. What Does that Mean?
This case is a class action under Tennessee state law and federal law. In a class action, one or more individuals called “Class Representatives” sue on behalf of a group of people who have similar claims.
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Am I Eligible?
Because this lawsuit arises under both federal and state law, you may have a qualifying state law claim, federal law claim, or both federal and state law claims. You may be included in the class in this case if you were subject to the TRAP and worked for SpecialtyCare anytime since August 2017. If you fall within the definition of the certified class, you will receive a formal notice of the lawsuit with specific information about your eligibility and potential claims.
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What Time Frame Does This Case Cover?
Each type of federal and state law claim has what is called a statute of limitations. For claims under Tennessee state law, the claims may go back to August 23, 2017, under a six-year statute of limitations. Under federal law, the claims may go extend one-year from either the date that someone signed the TRAP or the date that someone ended their employment at SpecialtyCare.
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Do I Have to Pay Anything?You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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What About Retaliation?It is against the law for an employer to retaliate against a person for joining a lawsuit alleging violations of federal labor law. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Haley Thompson, at (612) 256-3268 or hthompson@nka.com immediately.
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Is There Money Available Now?No. This case was recently filed and is pending in federal court. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Do I Learn More?To learn more, contact the case clerk, Haley Thompson, at (612) 256-3268 or hthompson@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.