Labor Victory for Former Mabuhay Chiropractor

One of the tactics of Mabuhay Chiropractics CEO is the smear, the practice of when a Chiropractor (or a staff member) no longer toes the line, they are constructively terminated and smeared with false allegations.

Tetrault has dipped into that well a bit too much and it has come back to bite him on the ass.

Dr. Ron V was one of Many Chiropractors to be “Awarded” the Cebu Seaside clinic.

The clinic residing in SM Seaside, a brand new mall on a sparsely populated man made island, is nicknamed “SM Suicide” where businesses go to die. Maybe as they develop the area in 5 to 10 years the mall will be booming, but by that time alternative Chiropractic services that provide better value will be in the area.

While SM Suicide was able to have limited success under my direction Tetrault’s expansion into the more centrally Located SM Cebu City clinic doomed the doctors sent to SM Suicide. It was made worse that as Chiropractors entered, and failed as the sole doctor at SM Suicide all the patients would transfer to the only slightly more stable clinic at SM Cebu city.

New Chiropractors, like Doc Ron, we’re never told this, as Tetrault lied through his teeth desperately trying to get a full time Chiropractor.

You know the spiel:

“Great location… I gave a chance to some bad doctors… it’s just waiting to explode with the right Doctor.”

Then you walk into a clinic that can’t top 50 visits a week before quickly getting blamed for the stupidity of its CEO and the Regional manager whose greatest asset would be feigning romantic desire for its decrepit CEO.

Into this tempest Walked Doc Ron and he did the best he could, while committing the Cardinal sin in Tetraultian Chiropractic, getting people better too fast.

This led to an increasing “Crisis” at SM Cebu, the stats were too low, “stats” being short for revenue, and revenue being more precious than the Blood of Christ in the Gospel of Roach.

Doc Ron’s stubborn refusal to to look at human beings as peso pigs led to Mabuhay attempting to collude with SM Cebu Cities Chiropractor to take over for Doc Ron to hasten his departure. When that Chiropractic became the 7 bajillionth PITACH certified Chiropractor to leave Mabuhay they re-approached Doc Ron about, you guessed it, taking over both Cebu clinics. After modest requests for increased compensation for increased work was rebuffed Mabuhay started the process of trying to constructively terminate Doc Ron.

I am proud to announce that after several years, and several futile appeals and trademark Tetrault delaying tactics, a complete and total vindication of his claims were rewarded to Doc Ron. Like several of the staff who learned to fight back and win he was awarded several months salary.

Doc Ron decided to take a victory lap by emailing Tetrault, and copying everyone in the Philippines Chirouniverse into the email.

I told you I probably wasn’t the most hated anymore 😏

While some might say such gloating is unnecessary, public disclosure is, in fact, necessitated to resist the lies the flows from Mabuhay. They not only claim that the never lose DOLE/NLRC they also claim they “Know” people at DOLE, a veiled threat that they will smear anybody and have future work clearances suspended.

Whatever, Bitch, we know people at DOLE as well 😉

Funny how DOLE showed up at Mabuhay offices for “Branch Ocular” a few weeks after this…

In an odd way Covid has forestalled a reckoning that was coming to Mabuhay. DOLE and DOH, while continuing investigations, had more pressing matters during the pandemic.

But in the end reality wins. DOLE leaders don’t like when foreign interlopers and philanders terminating single mothers to cover up his sordid affairs and attempt to fire and smear guest professionals who refuse to rip off the local populace.

Justice is coming, on several continents, as the wheels of Civil AND Criminal Investigations close in.

*Bonus*

Here is a copy in it’s entirety of Dr. Ron V first DOLE submission (With appropriate redaction of names):

To : Department Of Labor and Employment- Philippines From: Dr Ron

Date: Monday August 19, 2019 at 6.50am

Attempted Constructive Termination of Dr (Ron)

I hereby would like to file a formal complaint against Tetrault Mabuhay Chiropractic Clinic Inc. and its CEO Michel Tetrault (AKA docMike) for the attempted Constructive termination of, myself, Dr (Ron) As on August 15, 2019, and violation of labor and health laws of the Philippines.

I was employed by the company as a chiropractic specialist on February 28, 2019. I was sent to Cebu to be employed in their SM Seaside branch where I formally started work in March 2019. My Complaints are as follows:

1. There is a concern whether I am able to practice a medical trade as a foreigner without proper Philippines Department of Health certification.

2. There was/is an ongoing attempt to “Constructively Terminate” me, not for matters of professional/clinical competence but because of diminished clinic revenue, through Tetrault’s own policy failures.

3. There has always been ambiguity about whether I was an “Employee” or whether I was a “consultant”, a designation switched to suit their needs.

I would be happy to turn over any documentation that you may require for any investigation. As I was not prepared to lower my own personal ethical standards and would rather adhere to the standards enforced by PITAHC-DOH, I was subjected to bulling and harassment, not uncommon for this company which has attracted the attention of your department. It is sad that I was alienated and prejudiced for putting patients wellness above company profit.

Yours sincerely

Dr (Ron) (M.Tech: Chiropractic. DUT)

Addendum – Supplemental Evidence

1. There has always been ambiguity about whether I was an “Employee” or whether I was a ‘consultant’, a designation switched to suit their needs.

I have been given control and direction by our regional Chiropractic assistant which suggests I am an employee including:

A. The days and Hours and location I work:

“Under the current circumstances, we require 6 days clinic full time schedule; Seaside on Wednesday, Friday and Sunday; SM Cebu City Tuesday, Thursday and Saturday.”

B. And how I must forgo personal judgement and follow a company standard for patient care, which has come under increased scrutiny from the Health Department in terms which patients require diagnostic tests (X-Rays) and how many visits they should require purchasing:

“We require around 90% +/- of NPs to undergo spinal X-ray study of the areas of patient complaint…. We require that you follow company’s standard care recommendations. (See associate manual and other communications issued by the owner and Director of Clinics.)”

However In an email to me on August 4, 2019 at 12:50 the CFO, Allan Naval writes:

“Please be informed that MCC doctors are contracted as chiropractic consultants, that is, your relationship with MCC is a consultancy agreement, and not an employee – employer agreement, hence doctors are not covered by the “double pay” provisions during legal and public holidays.”

He reiterates this statement in an August 6,2019 after the HR Manager referred to me as an employee in an email when he states:

“You are a chiropractic consultant – you are a consultant to the company, not an employee.

Ms Louise and other Admin personnel may refer to you as “an employee” of the company but it should not be construed as to its legal meaning, the term “employee” as used by Ms Louise simply meant to categorize you as a person working for the company, and not its legal meaning as having an employee-employer relationship.”

1. There is a concern whether I am able to practice a medical trade as a foreigner without proper Philippines Department of Health certification.

On Wednesday May 29,2019 at 12:41 in an email titled “Legal Standing” I asked Tetrault what our legal standing was in the Philippines to work as chiropractors after reading the following :

“This designation switch is notorious in the west for controlling the work of consultants while saving on benefits and taxes for the company. I fear this can affect whether my ability to file honest tax returns in the Philippines is possible.”

The letter from APCP (Association of Professional Chiropractors of the

Philippines) dated 7 May 2019 stated there were issues at present with the practice of chiropractic by unregistered chiropractors that violate the code of ethics set forth by APCP and accepted by PITAHC.”

Tetrault’s response at 15:52 was:

“Regarding the legality of your practice under MCC, once you received your SWP and complied with our orientation and company policies, all was set in place for you to legitimately practice here. The current process to register Chiropractors is a government administrative one that has favorably allowed us recognition and thereby prevents anyone from claiming our practices are illegal.”

I asked him more questions at 17:46 :

“Please note that my concerns stem from the following which I have read on the APCP page on Facebook: “The legal framework in the Philippines requires Chiropractors to be appropriately qualified and registered with the Philippine Institute of Traditional and Alternative Health Care – Department of Health (PITAHC – DOH). Anyone holding themselves out to be a chiropractor or to offer chiropractic services must have a current valid Certification or they are subject to prosecution under Philippine Laws.”

His response at 20:54 was that the Association of Professional Chiropractors of Philippines (APCP) was a ‘playbook’ and that he has been operating under these ‘quasi conditions’ and that ‘they know where to find us’.

I e-mailed The President of the APCP (and a Board of Trustee member of DOH-PITAHC) who re-iterated that practicing uncertified can be viewed by the Department of Health as a violation of the Medical Practice act of the Philippines.

Tetrault’s, a foreigner seeking legal separation from his Filipino wife, position appears to be that his companies interpretation of Philippines law is correct, and the position of Chiropractic’s Trade organization in the Philippines and its advisory committee to the Philippines Department of Health is incorrect.

I leave the company having not yet attained PITAHC certification to practice Chiropractic while Tetrault would render myself and his other foreign unregistered Chiropractors legally compromised.

2. There was/is an ongoing attempt to “Constructively Terminate” me, not for matters of professional/clinical competence but because his clinic has diminished revenue, through his own policy failures.

Despite being told that the SM Seaside Cebu Branch would be busy, the clinic has suffered from poor management from its August 1st 2017 Inception as it has had 5 separate Chiropractors directing it, one of which was CEO Tetrault, the other 4 being foreign nationals who are no longer with the company.

I am blamed for “poor performance” which is to say I didn’t make the poorly located and managed clinic’s income explode, which has traditionally struggled to make income over the past year. I have attached the email chain titled “Seaside is in a crisis”, which started on March 25, 2019 at 15:29. Tetrault blamed me for the clinic’s “performance”, which has to do with the sales of chiropractic packages.

For starters there is no “Crisis” at any clinic I have practiced at. My patients are satisfied with my care and how I was able to help them faster than even the other Chiropractors who were here. While there are different philosophies and styles for all the Chiropractors who practiced here my patients believed in my vision for their care and are satisfied with the care they received which decreased their overall cost for care. It is this rapid recovery, which diminishes visit purchases amongst patients, which Tetrault worries about.

This personal care dictated by me is consistent with PHL code of ethics, standards which prohibit “over-servicing” patients to increase revenue.

If this ethical adherence to the professions regulatory body in the Philippines produces a “crisis” in the mind of Tetrault, it is because he isn’t making money on the “over-servicing” of patients based upon “scare care” tactics, which both DOH-PITAHC and the APCP have had discussions warning his organization. While I understand that businesses need to be profitable it is a violation of DOH and DTI regulations to scare “consumers” (patients) into a service, and adherence to Philippines law is not grounds for contract termination.

Regardless, a review of the “stats” that Tetrault uses as a benchmark show that my clinic has remained consistent in my time here even as I require less interventions per patient. I documented these stats for Tetrault. I was not being harrassed for poor clinical performance but my refusal to follow company standards of patient care that are itself under scrutiny by the Department of Health, evidenced by Mabuhay Chiropractic recently agreeing to limit visit packages of no more than 18, on the advice of the APCP and DOH-PITAHC.

Despite my being in full compliance with standards of care recommendation from Chiropractic’s advisory body in the Philippines, which I had hoped would serve as a model of practice for the chastised company, my refusal to lower my standards is what caused Tetrault to target me for harrassment.

This targeting manifested itself as such:

I asked Tetrault what the company policy was regarding the chiropractors and public holidays. This email was written on August 4, 2019 at 11:15 and titled “Public Holidays”.

At 12:38 I received an answer: “

He then followed that email up with a further email to Allan Naval, CFO, at 13:03 asking him to “review my salary”, a clear threat.

On August 5 2019, Louise Dictado, the HR Manager, sent me a threatening email to not e- mail Tetrault anymore.

On August 8, 2019 at 2.21pm Tetrault had sent an email to SM Cebu City Clinic director, Dr (CJ), that he wanted Dr. (CJ) to direct both Cebu clinics, stating that I was “not an option”. Dr. (CJ) contract was up and I believe he was “promising” Dr. (CJ) the increased patient load from me to positively impact Dr. (CJ) if he signed a new contract with Mabuhay Chiropractic.

Dr. (CJ) elected to not resign a labor contract with Mabuhay, thereby necessitating my continued employment.

I asked Tetrault what the company policy was regarding the chiropractors and public holidays. This email was written on August 4, 2019 at 11:15 and titled “Public Holidays”.

“Thank you for your question but it is inappropriate for you to email the owner of the company directory for something you need to bring to your RCA’s attention. it is also inappropriate that you copy the other doctors as these company emails are set up for administration purposes. You are in breach of your contract. I will forward this email to my administration for appropriate response to you. I respect the fact that you are an associate but you must not breach protocols.”

On August 9, 2019 Helen, Louise and Belle arrived at my clinic at SM Seaside and we had a meeting around 3.30pm. Not addressing any of my concerns they asked me to cover both SM Seaside and SM City clinics in Dr. (CJ) absence. They also asked me to reconsider coming to the company General Assembly on Sunday August 18, 2019 in Manila.

On Sunday August 9, 2019 in an email at 19:49 titled “URGENT Dr Ron Salary Review” I again compiled documentation for salary review due to the increased workload and since the management had never addressed my previous concerns.

Helen responded at 20:39 to say she had forwarded my concerns to the management and she would give me feedback as soon as possible, as I had concerns involving a new lease for an apartment.

On Saturday August 10, 2019 I went to SM City to cover the clinic and asked the staff for patient feedback. The feedback was very positive, a designated “VIP” patient commenting that my treatment was the best he had ever experienced, within the company. On Sunday I returned to SM Seaside to take care of the patients in that clinic which also had an influx of regular SM City patients. Once again the feedback I received was very positive and I was happy to be treating more patients than normal.

Despite being targeted for termination for ethical practice this demonstrates that my job performance was consistent, if not better, than other Chiropractors.

On Monday August 12, 2019 at 11.45am in my email titled “GA” I responded that I would like to attend the Mabuhay General assembly “GA”. At 23:02 Helen responded that she will inform the person in charge to arrange my plane tickets and hotel accommodation, as I looked forward to meeting the other Chiropractors.

On Tuesday August 13, 2019 Helen responded at 00:04 confirming once again that she had forwarded my request to management. In that same email she also addressed some concerns that she had.

The concerns were what I mentioned in the above point 1. A and B. her dictating what my schedule would be, and what my diagnostic and treatment recommendations should be, as laid out in company’s standard care recommendations, which I did not receive until Tetrault forwarded me a copy after I received a notice of dismissal. That email attachment arrived on August 15,2019 at 15:48. This was also the first time I had seen the company policy statement that I had been accused of not following. I believe this was again a set up for “constructive termination.”

At 7.32 am I asked Helen for the company policy statement and where that states that 90% of patients require Xrays. I never had another response from the RCA again regarding policy statements.

On Wednesday August 14, 2019 at 10:29 and just one day after I had asked management to address my concerns, I was informed that I was not allowed to attend the GA and out of the entire company, only my clinic would need to remain open on Sunday August 18, 2019.

This harassment and alienation I believe was an attempt to get me to quit, of building a case for “constructive termination.”

On my return to work at SM Seaside on Thursday August 15, 2019 I was served my notice by my clinic administrator who was in tears as she read the termination letter and knew that I had been unfairly dismissed from my duties.

The letter asked me to stay on another 90 days, saying they needed to find a replacement, but considering the discrimination I felt, and the vindictiveness directed at Chiropractors in the past I’m worried that they might inform government agencies that I was potentially practicing illegally, as a way of getting rid of me.

I make this accusation as I have been told by former staff that other Chiropractors, who have resigned in grievance, were slandered by Tetrault and Dictado. It is my understanding that DOLE 7 in Cebu, has a case from a Former Mabuhay worker, where the former SM Seaside Chiropractor described this tactic of slander in a letter defending her. Tetrault came to Cebu and coerced the CA into corroborating his false allegations that the departed Chiropractor was “Abusive” to the staff, abuse allegations “constructed” (and not discovered) after the Chiropractor departed. It should be noted in the letter detailing my dismissal, HR Dictado referred to me as a “Good Chap”. Let the record show that any character assassination after this point is not Tetrault or Dictado “discovering” dirt on me, but a continuance of their tactics of constructing smears their Foreign Chiropractors and potentially damaging their careers. I would not put it past them, or this company, to return to the Cebu clinics and require the frightened girls to sign document detailing false accusations against me.

With sadness I leave my patients behind, as other Chiropractors have, however I fear retaliation from the company and submit this documentation, and any other documentation required, to protect myself from continuing harassment and abuse.

Yours sincerely,

Dr Ron V (M.Tech: Chiropractic. DUT)

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