For Immediate Release
October 17, 2011, our firm filed suit against Gainesville Health Care Center, Co., d/b/a Renaissance Care Center on behalf of our client, Ms. Dodie Cruce. The lawsuit makes the following allegations:
Ms. Cruce suffered retaliation when her employer terminated her in violation of the Texas Health and Safety Code. Ms. Cruce reported to her supervisor that a co-worker became infected with scabies and was therefore a threat to the other patients. Because of Ms. Cruce’s quick action, the infection did not spread to the patients and the condition was treated. Two days later, Ms. Cruce was terminated and accused of falsely diagnosing a resident and discussing protected health information in violation of the Health Insurance Portability and Accountability Act or HIPAA.
Under Section 242.133 of the Texas Health and Safety Code, a nursing home employee is protected from retaliation for reporting to the employee’s supervisor or a state regulatory agency a violation of the law or for initiating or cooperating in any investigation relating to the care, services, or conditions at a nursing home. The statute also provides a presumption that a nursing home employee, such as Ms. Cruce, was fired for a retaliatory reason if the employee is fired within sixty (60) days of making the report. Ms. Cruce is seeking lost wages, mental anguish damages, attorneys’ fees and court costs as well as punitive damages.
Ms. Cruce is represented by Dallas employment lawyers Casey Erick and Tom M. Thomas II of the Law Office of Erick & Thomas in Dallas, TX. They may be contacted at 214-691-6200 or reached through their website at http://www.DallasEmploymentAttorney.net/ .
Dallas employment law
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