20 results for 'cat:"Health Care" AND cat:"Employment Retaliation"'.
J. Coleman finds the court of appeals erroneously determined the employee could not bring wrongful termination claims after she was fired for reporting patient abuse at the long-term care facility. While the public policy exception in Mississippi law gives an exception for unlawful "acts of an employer," the language also necessarily covers the acts of a co-worker, like the one who abused the patient in this case; therefore, the jury verdict in favor of the employee will be reinstated. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: May 9, 2024, Case #: 2022-CT-188, Categories: health Care, employment Retaliation
J. Chambers grants in part the in-home respiratory care provider’s motion for summary judgment in the former Huntington branch manager's retaliatory discharge suit. While there are disputed issues of material facts on her two claims of retaliatory discharge in violation of the West Virginia Patient Safety Act, the company, despite lying to state and federal regulators why they fired her, did not terminate her employment "in an atrocious, intolerable, or extreme way."
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: April 26, 2024, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: health Care, employment Retaliation
J. Ryan finds the lower court properly granted the employer's motion for summary judgment. Although the nursing manager made comments about potential safety issues shortly before her termination, none of the issues implicate a specific public policy that would allow her to prevail on her wrongful termination claim, while her abrasive and bully-like behavior toward subordinates gave the employer a legitimate reason to fire her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1471, Categories: Employment, health Care, employment Retaliation
J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: Evidence, health Care, employment Retaliation
J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: health Care, employment Retaliation, Labor
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Wood finds that the lower court improperly found for the employer in a suit accusing the hospital of violating an employee's rights under the Family and Medical Leave Act. The employer granted the employee an approved absence for 20% of full-time work, but insisted she still complete 100% of the workload, and fired her when she did not meet those expectations. A reasonable jury could find that the Act requires the employer to adjust its performance expectations to reflect the employee's reduced hours while she was on FMLA leave. Vacated.
Court: 7th Circuit, Judge: Wood, Filed On: February 28, 2024, Case #: 23-1541, Categories: Civil Rights, health Care, employment Retaliation
J. Maldonado partially grants a university board’s motion to dismiss employment discrimination claims brought by an employee of the university’s health care and hospital system. The employee, a middle-aged Black woman, claimed she faced race and age-related discrimination at work, was unfairly targeted by her superiors for criticism, and faced retaliatory discipline for formally complaining about this treatment to the Equal Employment Opportunity Commission. The court finds the employee has not sufficiently alleged her state law claim under the Illinois Gender Violence Act, or her adverse action claim. The rest of her claims against her employer stand.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: February 27, 2024, Case #: 1:23cv1410, NOS: Employment - Civil Rights, Categories: health Care, Employment Discrimination, employment Retaliation
J. Jones grants the mining company's motion for summary judgement as to the former employee's disability discrimination claims. At the time of his termination, the employee was not disabled under the Americans with Disabilities Act. Though the employee was in a work-related accident prior to his termination, available medical records provided by his doctor indicated he did not suffer a permanent disability.
Court: USDC Nevada, Judge: Jones , Filed On: February 22, 2024, Case #: 3:21cv495, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: health Care, Employment Discrimination, employment Retaliation
J. Hunt denies a hospital system’s motion to dismiss a former medical assistant’s disability discrimination, Fair Medical Leave Act and retaliation claims. The medical assistant has a heart condition that makes it harder for her to travel, which she claims the hospital system ignored. She also claims the hospital singled her out for scrutiny and punishment, eventually firing her, because she took FMLA leave to tend to her sick grandmother. The court finds she has adequately alleged these claims, and so denies the hospital’s motion to dismiss them.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: December 18, 2023, Case #: 1:23cv1474, NOS: Employment - Civil Rights, Categories: health Care, Employment Discrimination, employment Retaliation
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to Midwestern State University on disability discrimination claims brought by the tenured professor who was initially denied a request to teach summer classes after his return from leave taken for anxiety and hypertension. He later took leave after being denied the request due to staffing issues, then exhausted his leave after it was granted for cervical spine issues. The professor was then terminated. He presents no evidence that he was either replaced by a non-disabled person or was treated less favorably than a non-disabled person. Other discrimination claims arising from lost income incurred by the denial of his request to teach summer classes must be reconsidered. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-11140, Categories: health Care, Employment Discrimination, employment Retaliation
J. Eifert grants in part the former manager's motion to compel discovery responses in her retaliatory discharge suit against the in-home respiratory supplier. The supplier must produce 1) all unsealed False Claims Act complaints filed from March 2, 2017, through January 8, 2021, in federal or state court against the company, and 2) all documents dated on or after January 8, 2021, that reference or include allegations of fraudulent billing regarding a) status updates/checks on CPAP/ventilators that were not performed, b) in-home devices that were not being used, c) unauthorized changes to CPAP/ventilator settings, d) in-home visits or other services not performed, or e) an AffloVest that was not properly fitted, in the greater Huntington, West Virginia-area.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: September 19, 2023, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: health Care, Discovery, employment Retaliation
J. Crenshaw grants summary judgment to the Department of Veterans Affairs and dismisses the former employee's claims for discrimination, retaliation and hostile work environment. The former employee, a neurologist from Bangladesh, fails to establish a prima facie case of national origin discrimination. Also, his allegations fail to establish a hostile work environment claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 28, 2023, Case #: 3:21cv107, NOS: Employment - Civil Rights, Categories: health Care, Employment Discrimination, employment Retaliation
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to the university in this suit brought by the former professor alleging violations of the Family and Medical Leave Act related to her irritable bowel syndrome diagnosis that affected her ability to teach. The university admits that it required the professor to document each absence to conform with sick leave policy, and she shows no evidence supporting her claim that this pertained to FMLA leave. The professor does not point to any protected activity sufficient to support a retaliation claim, and her failure to accommodate claim fails as an employer is not required to “modify [other’s job] duties, reassign … or hire new employees,” which would have been necessary for the professor to teach online courses solely. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 9, 2023, Case #: 22-30615, Categories: health Care, Contract, employment Retaliation
J. Summerhays denies summary judgment to a global services contractor for private industry and the U.S. government on a top executive’s claim he was wrongly discharged, during the course of medical treatment for PTSD and traumatic brain injury, arising from his military service in Iraq. The record casts doubt on the corporation’s “proffered reasons” for the executive’s termination — his alleged poor performance and the company’s reorganization. A reasonable juror could conclude the company’s explanations were a pretext for his firing.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: August 7, 2023, Case #: 6:20cv192, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, health Care, employment Retaliation