question archive Plaintiff filed lawsuit after discovering that defendant allegedly had engaged in a fraudulent accounting scheme designed to reduce plaintiff’s compensation by expensing monies, which defendant received from Centegra Health Systems, directly to her

Plaintiff filed lawsuit after discovering that defendant allegedly had engaged in a fraudulent accounting scheme designed to reduce plaintiff’s compensation by expensing monies, which defendant received from Centegra Health Systems, directly to her

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Plaintiff filed lawsuit after discovering that defendant allegedly had engaged in a fraudulent accounting scheme designed to reduce plaintiff’s compensation by expensing monies, which defendant received from Centegra Health Systems, directly to her. Plaintiff also learned that defendant was not a licensed profes- sional corporation, even though she had given plain- tiff prior assurances that she was properly registered. According to plaintiff, to induce her to join its medi- cal practice, defendant expressly represented in writ- ing that the “Corporation [was] registered to practice medicine in the State of Illinois.”

Can the defendant’s failure to comply with the Act’s certificate of registration requirement render the employment agreement void?

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Answer:

The plantiff, physician entered into a contract of employment with the defendant medical practice . the contract included a non- compete. the plaintiff believed the defendant had enaged in fraudulent accounting practices resulting in the reduction of her compensation. she also discovered that the defendant had failed to become a licensed professional corporation.

she used breach of contract and contended the fact that the defendant had failed to register as a proffesional corporation premitted her to avoid her attract,including the compete. the court rejected this argument ,charecterizing the registration an unnecessary for public safety. it concluded to excuse the plaintiff from the contract would be disproportionate to the wrong commited by the defendant

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