Bloom informs clinic of her pregnancy
HealthPartners employed Jennifer Bloom as a certified medical assistant at Coon Rapids Clinic from 2004 until 2012. Before her termination, she used FMLA leave twice for the birth of her two children.
In March 2012, Bloom learned that she was pregnant with her third child. Because she knew that two other employees at the clinic planned to take leave following the birth of their children at approximately the same time, Bloom informed her supervisor, Ruth Laine, about her pregnancy almost right away.
When Bloom informed her supervisor of her pregnancy and her future need for FMLA leave, Laine allegedly responded by saying, "I thought you were done having kids." Bloom also believed that Laine's tone and body
…show more content…
Moreover, it discovered that she visited the clinic on three occasions during her leave and took clinic supplies home after each visit. Because her conduct violated its code of conduct, the clinic decided to terminate her employment after conducting an investigation. Additionally, there was no evidence that the clinic knowingly tolerated similar conduct by other employees.
The court agreed with the clinic, stating that Bloom shouldn't be "shielded" from the consequences for her misconduct simply because she was on FMLA leave. In light of the overwhelming evidence that she took the samples, the clinic's decision to terminate her in the middle of her FMLA leave didn't raise a question of fact about whether her termination was related to her use of FMLA leave. Thus, the court granted the clinic summary judgment on the interference claim. Bloom v. Group Health Plan, Inc., Case No. 12-3060 (MJD/JJG) (D. Minn., Aug. 13, 2014).
Bottom line
Employers aren't prohibited from disciplining employees while they are on FMLA leave as long as the leave isn't the reason for the discipline. Simply put, FMLA leave cannot be used as a shield to deflect warranted discipline.
Krista J. Griffith and Lynn Mueller, editors of Minnesota Employment Law Letter, can be reached at kgriffith@felhaber.com or
An unsatisfied John Moore Based on the case “Moore v. Regents of the University of California” By Lani Marais 210013877 5 May 2016 An unsatisfied John Moore (Stanfill, 2012) John Moore is a cancer patient, from Seattle, that was diagnosed with hairy cell leukemia in 1976. After he underwent surgery to remove his spleen, which was damaged by the cancer, he started to wonder if his doctor, Dr David Golde, was withholding information from him. He started to suspect this after a few follow-up visits. Golde was flying him to Los Angeles every month for seven years, when there was no noticeable reason for John to be in Dr Golde’s laboratory.
raise the issue in her charge. The court disagreed, holding that Farrow limited her charge to events that occurred prior to her discharge in December 2008. In regards to Farrow’s wrongful discharge claim against Dr. Strange, the court found that Dr. Strange was Farrow’s supervisor, not an employer. Therefore, this claim must fail because there is no claim for wrongful discharge against a non-employer. In her wrongful discharge claim against St. Francis, Farrow alleged St. Francis discharged her because of her outspoken disapproval of and failure to comply with changes to certain procedures instituted by St. Francis which required non-nurses to perform certain tasks.
The employees were sanctioned for the underlying charges and the charge of giving the false statements. Holding of the Court: The court ruled in favor of La Chance because agencies
The plaintiff stated that she was rejected a job opportunity with Corizon after the employer contacted Dr. Ogunsanwo for further review before hire. In order to establish a case for retaliation under Title VII, “the plaintiff must show that: (1) she engaged in a statutorily protected activity: (2) she suffered materially adverse employment action; and (3) there is a causal connection between her participation in the protected activity and the adverse employment action.” There are many proven reasons why retaliation is contradictory to the facts of the case. Succeeding the termination of the plaintiff, the Department privatized majority of its health care through
As far as your example of FMLA violations, and the unjustified termination of Weth, I have seen similar situations. Not necessarily based on the use of FMLA, but in situations where the performance evaluations were not properly used. I recall one situation where a sergeant took over
Id. Our client likely does not have a viable claim because even if the conduct of Mr. Bega was mean it has not reach the level of outrageous, intolerable or extreme. In Harris v. Kreutzer, 271 Va. 188, the court has to consider if the action done by the doctor was outrageous. The patient sued the clinical psychologist for medical malpractice and intentional infliction of emotional distress.
One of the most impactful discoveries in medical history came from a knot on a womb. The story describes the lives of the Lacks family, the discovery of the HeLa cell and the journey of an author, eager to find facts to tell this family’s story. Henrietta Lack was a woman who came from a big family and had one of her own. She was diagnosed with cervix cancer and during treatment her doctor took samples of her tumor without her knowledge, set it to a lab and unknowingly became the discovery of a lifetime. The immortal HeLa cell could live and multiply without dying; this was essential for tests of vaccines, treatments and how human cells react in certain conditions.
The HIPAA Breach Notification Rule requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. Similar breach notification provisions implemented and enforced by the Federal Trade Commission (FTC), apply to vendors of personal health records and their third party service providers, pursuant to section 13407 of the HITECH Act. . ("Privacy HHS.gov," n.d.) An example of this rule is a hospital disclosed protected health information to an employer about an employee without authorization. To correct the actions the Office for Civil Rights required the hospital to revise its procedures on patient authorization prior to release of protected health information
On balance, the probative value of evidence of Ms. Fitzgerald’s drug use is extremely high and substantially outweighs any risk of either unfair prejudice or undue delay. IV. MS. FITZGERALD’S PRIOR DURG US IS EXEMPT FROM THE PROHIBITON ON HEARSAY UNDER RULE
The FMLA history dates back to the mid to late 1900s for the fair and equal treatment of pregnant women and employees with medical disabilities having the inability to fulfill their duties at work preventing employers from using those adverse situations
Amandeep’s situation was a bit different from mine. In my situation blame goes on all levels of health care; for instance, the patient I took care, had to go for his selective surgery even though he was not in situation for this surgery. His wife was terminally sick and was transferred in palliative care a day after he transferred to rehab unit. When he arrived rehab unit, nurses explained him that usually in rehab there are no passes allowed until the vehicle transfer assessments are done by the therapist. Due to the nurses’ heavy workload, they were being more task focused, the patient was not being heard or being asked why he was anxious or uncomfortable.
This was done in your case. Please note that disciplinary has its own appeal process which you utilized, exhausting your administrative
It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
He got divorced, and his wife got of custody of his children. He wanted to quit being a nurse, but had to continue to work to pay for child