Sunrise Living
To:
Tom Burger
From: HR
CC:
Mike Deals, Vice President
Date:
Re:
Legal Proceedings in Shoe vs. Bow
Comments:
Currently there is case involving Ms. Ann Shoe vs. Mr. Allen Bow. Ms. Shoe believes that she was wrongfully dismissed by Mr. Bow. She was fired according to Mr. Bow for negligence in proper care of residents.
Mr. Bow is the general director of the Sunrise Nursing home. Bow had come in to observe the staff because of a complaint filed against the nursing staff. During this visit Bow alleged that he witnessed Shoe not checking the chart and residents information band prior to dispensing pills. Shoe received a write up in which she signed. This was her first. The following day Bow had witness Shoe using a double pair of gloves to change a resident’s wounds. Care management states this was against the policy. Mr. Bow proceeded to write up Ms. Shoe this would be her second. Ms. Shoe refused to sign stating this was how she was shown by the nursing staff during orientation. Ms. Shoe came to work on March 16, 2013 and was called into office and received a pink slip.
Ms. Shoe filed a lawsuit claiming wrongful termination by the Sunrise. Her claim states that policy says that an employee will be terminated after proper documentation and corrective action. Ms. Shoe claims that Mr. Bow fired her because of her refusal to sign the write up. Mr. Bow states that they were numerous complaints about Ms. Shoe.
During Discovery, it was found that Mr. Bow did not file any complaints that were alleged against Ms. Shoe. One write up was filed and Ms. Shoe had signed. During discovery, other employees were question and it was found that double gloves were introduced to them during orientation.
We are proposing that a third party arbitrator be hired. We would like to settle out of court to save legal fees and involving company lawyer bill. In the arbitration, we would propose a settlement of back pay for hours lost since...