Former Roller Employee Responds To Lawsuit Alleging Embezzlement

A Bentonville woman has denied accusations of embezzling more than $100,000 from a Fayetteville medical clinic where she worked as an office manager, and later chief operating officer.

Elizabeth Millard filed a motion Sept. 8 in Benton County Circuit Court to dismiss a lawsuit brought against her, and is seeking a jury trial.

She was sued on Aug. 10 by Dr. Josh Roller, owner of Roller Weight Loss and Advanced Surgery, who accused Millard of stealing more than $105,000 in cash over an 18-month period leading up to her resignation.

Millard worked for the medical clinic from 2008 until leaving in July.

Roller is seeking $105,263.68 in damages. Punitive damages totaling $500,000 are also sought.

Millard also denies Roller’s claim that he learned in July that Millard had taken a job with Mercy Clinic in Rogers, which recently employed a new bariatric surgeon who is directly competitive with Roller.

A Mercy spokeswoman confirmed that Millard works as a business administrator at one of its primary care clinics, and that Dr. Mark Perna started at Mercy Clinic on Horsebarn Road on Aug. 3. Perna is the only bariatric surgeon working for Mercy in the area.

Roller claimed in his lawsuit that Millard’s employment at Mercy was a violation of a non-compete agreement that stipulated Millard didn’t work for a competitor for one year upon termination.

Millard, according to court filings, claims the agreement is void because it “was procured by coercion and duress” seven years after she was hired.

“It is also unenforceable because it does not protect any valid interest, the geographic region is overly broad and the time limit is unreasonable,” the filing states.

Millard also denies she was ever promoted by Roller to the job title of chief operating officer.

Millard is being represented by Randall Wakefield of the Wilkinson Law Firm in Bentonville. Roller is represented by Rogers attorney Marshall Ney of Friday, Eldredge & Clark.

Criminal charges have not been filed and a hearing date has not been set.