Recently in Employment Law Category

June 10, 2009

Nursing Home Abuse & Wrongful Termination "Double-Whammy"

The Tulsa World reported this week a Mannford woman is suing for wrongful termination after she reported nursing home abuse and neglect of facility's residents

Some of the disturbing parts of the article:
"Mrs. Harris observed a male resident who had been left in his own waste for so many hours that he had feces caked on to his leg from his hip to below his knee, and had wet himself at least one time," the petition said.

[S]he saw the man sitting in his waste and reported it to her supervisor, the head nurse and two nurse's aides. Her supervisor sprayed deodorant in the man's room to cover the smell. The aides said they would leave him for the next shift.

"Two and a half hours later, he was still sitting in his own waste," Harris said. "He couldn't say nothing. I would always talk to him. He would just light up when I went to clean his room. It's heartbreaking when you see a resident not being taken care of."


[A]n elderly woman paralyzed from the waist down was left in her own waste, Harris said. She rolled out of the bed and into the hallway to get someone to change her soiled garments and the nurses "just laughed at her," Harris said.

Harris reported each instance of neglect or abuse to the facility's staff. But once the staff learned she intended to seek the advice of her husband, Jerry, a retired private investigator known for exposing elder abuse, she was fired, the petition said.
Note that Mrs. Harris was only an employee of the nursing home for 3 months!
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February 25, 2009

Oklahoma Lawsuits - When do cases settle?

We had a mediation scheduled today at 1:30 p.m. for a wrongful termination case here in Oklahoma City.  Opposing counsel gave me a call late afternoon yesterday to see if we could go ahead and reach a settlement.  We ended up reaching a compromise about 15 minutes ago - that's literally hours before the mediation was to begin.  Props (and a thank you!) to Jake Jones, the mediator we were scheduled with, for not charging us any costs for canceling so late. 

The vast majority of cases settle without going to trial.  Here are some interesting national statistics according to a United States Justice Department study:

  • About 97 percent of civil cases are settled or dismissed without a trial
  • Plaintiffs won 55 percent of the cases surveyed
  • Plaintiffs won less than one-third of medical malpractice trials in 2001
(source: Phoenix Business Journal)

The case that settled today involved a wrongful termination of an employee that was injured at work.  The employer "had to let go" the worker shortly after he was injured at the company.  It is illegal under Oklahoma law (85 O.S. ยง 5), to fire an employee for initiating, or filing, a worker's compensation claim. 
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