Legal Question in Business Law in Texas

I manage a veterinary clinic that does high volume surgery in Texas. As we had so many people who would show up late (after closing time) we added a stipulation to their consent form they must initial by stating that if they showed up after close - 5:00 p.m. there would be an additional fee for doing so. This fee goes towards the payroll and time utilized for employees who have to stay behind to go over surgery aftercare instructions and clean up. We recently had a client who showed up 7 minutes after 5:00 p.m. per our time who continued to argue her cell phone and "the world clock" stated she was not late - 4:59 pm on her cell. I explained to her the obvious, that every clock will be different scenario and we clock in and follow our time clock not her cell phone. Long story short she threw a ridiculous tantrum and police had to be called. So my question is with her signing the paperwork, and her having notice her pet was ready at 3:00 p.m. that day would she have a legal argument in court? Is there a specific clock that medical facilities are supposed to follow? Any info would be appreciated.


Asked on 1/04/12, 12:57 pm

2 Answers from Attorneys
Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

Legal argument for not paying the additional fee? Probably not. But from a practical standpoint is it worth going to court for the additional fee if she refuses to pay? I don't know how much the fee is but truthfully anything under $500 is probably not worth going to court for. You would miss out on that much business or more and run the risk of her filing a frivolous counterclaim just to get back at you.

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Answered on 1/04/12, 1:43 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it would appear that the client does not have a legal argument for not paying the additional fee when the client signed an agreement to pay the additional fee. The objectiveness of which "clock" should be used in determining the time may be a questionable area. You may want to have a local law firm review your agreement to verify that it states everything you want and protects you and your business. If you would like to you may contact our law firm to further talk about the specifics.

Depending upon what the additional fee is pursuant to the signed agreement, you may want to consider whether or not it would be in your best interest to pursue the additional fee from such a client. You may want to consider not providing services to that specific client and having appropriate notice that you and the business reserves the right to refuse service to anyone. Such notice may allow you the ability to not provide services to such clients.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 1/04/12, 2:49 pm


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