Jensen

BACKGROUND

In December 2008, respondent hired appellant as a full-time employee to handle billing and accounts receivable and to serve as a receptionist for respondent’s dental practice. Appellant’s employment with respondent ended in May 2010. Respondent had an employee policy manual in effect during appellant’s employment. This manual states that dental benefits for full-time employees and their immediate family members will begin after six months of employment. In October 2009, appellant began experiencing discomfort in a lower molar. On February 22, 2010, respondent extracted two of appellant’s teeth. The procedure took place after regular office hours. The extractions caused nerve damage that is likely permanent.

2. Appellant testified that she gave respondent $950 in cash for the dental work. However, respondent testified that he did not receive, nor did he expect to receive, payment from appellant. Respondent believed he was obligated to provide the dental services on February 22 because it was part of appellant’s compensation package. An office ledger shows a charge of $1,430 for these dental services, reduced by a “professional discount” in the same amount, leaving a…