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Lincare Non Compete Agreement

The Tribunal granted the applications for a summary assessment and/or a summary assessment of the other grounds invoked in the fourth amended appeal.   The Tribunal`s provisional judgment, by which the motions were issued, states that “the court has previously established that there is no explicit contract.   It is apparent from the applicants` statements that there was no agreement, except for the wages paid, and therefore there is no tacit contract or contract change.   All other claims are derived from the finding of another type of agreement or obligation to pay wages other than the wages actually paid.  [¶] The defendant fulfilled his burden of proof.   The applicants did not address a triple question of fact.  [¶] The fact that the complainants agreed or did not agree to be paid for the time they spent answering telephone calls after their regular service is irrelevant.   Applicants must be paid for hours worked.   But, as the respondent points out, and as the applicants admit, the applicants` claims were never based, by their amendments, on the hours worked during the eight-hour shift, but always on rights to on-call time when an eight-hour shift was not worked.  [¶] The applicants were given the opportunity to plead in favour of their means and, in fact, repeatedly asserted, after their attempts were found to be unfounded in the past.

  As the respondent argues, it would be to start this action from scratch if the plaintiffs could again make a new claim.   This is not fair to the defendant, particularly after the applicants have considered and considered the defendant`s application for summary judgment.   The complainants should bring a new trial if they want to pursue this new theory.  [¶] THIS cause of the action is derived from a viable reason for pay.   As there is none, this cause of action fails.  [¶] This cause of action is derived from a viable reason for paying WAGES UPON TERMINATION OF EMPLOYMENT [`] This cause of action is derived from a viable reason for acting for wages.   As there is none, this cause of action fails.  [¶] This cause of action is derived from a viable reason for pay.   As there is none, this cause of action fails.  []] .

.  [¶] SEVENTH CAUSE OF ACTION FOR PROMISSORY ESTOPPEL [`] As the evidence clearly shows that there was no commitment to support the change of sola, this cause of action fails. The court made the interim judgment its final order. In addition to alleged fcA violations, Relator also claimed that Lincare violated anti-kickback status. This legislation was created to ensure that there are no financial conflicts of interest in the federal health care system. The law itself aims to prevent the misuse of public funds by excluding Medicare claims resulting from appeals, payments and other compensation from sellers to beneficiaries of public health programs. By law, it is necessary that all contracts between CMS and a Medicare Advantage HMO or PPO contain a clear agreement to comply with all federal laws and regulations, including, but not limited, both the False Claims Act and the anti-kick law.

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