Filing # E-Filed 06/09/ :22:25 PM

Transcription

1 Filing # E-Filed 06/09/ :22:25 PM IN THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA CIVIL DIVISION PATRICIA WISE-YOUNGREN, Plaintiff, vs. CASE NO.: HAINES CITY HMA, LLC, d/b/a HEART OF FLORIDA REGIONAL MEDICAL CENTER, Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL The Plaintiff, PATRICIA WISE-YOUNGREN, sues the Defendant, HAINES CITY HMA, LLC, d/b/a HEART OF FLORIDA REGIONAL MEDICAL CENTER, and alleges as follows: 1. This is an action for damages in excess of $1,5,000. 2, This is an action for violations of the Florida Whistleblower Statute, Fla. Stats , et seq.. and intentional interference with a business relationship. -3. The Defendant HAINES CITY HMA, LLC, d/b/a HEART OF FLORIDA REGIONAL MEDICAL CENTER is a Florida corporation authorized to conduct business within the geographical jurisdiction of this Court. 4. The Plaintiff is a resident of Lake County, Florida, and was employed by the Defendant from August 2007 until the termination of her employment in May Count I- Florida Whistleblower Statute 5. The Plaintiff incorporates Paragraphs 1 through 4 as if fully rewritten herein.

2 6. Beginning in August 2013, the Defendant encouraged and/or permitted licenses practical nurses to administer cardiac arrest medication and narcotics, and to engage in other acts authorized to be completed only by registered nurses. This conduct is contrary to applicable law, rules and/or regulations. 7. The Plaintiff complained of, and refused to participate in, the Defendant s illegal conduct, detailed above, during a staff meeting in April The Plaintiff further informed upper management that the Defendant needed to self-report the conduct to the appropriate governmental authorities. 8. The Plaintiff s request that the conduct be self-reported was ignored. Upper management informed the Plaintiff that it was not an issue. 9. The Plaintiff filed four compliance reports internally with the Defendant between March and May 2014, complaining of and refusing to participate in additional conduct by the Defendant that was contrary to applicable law, rules, and/or regulations. 10. To the Plaintiff s knowledge, none of her complaints, as described above, were investigated by the Defendant. 11. After the Plaintiff complained of and refused to participate in the violations of law, rule, or regulation as detailed above, the Defendant began to retaliate against the Plaintiff with relation to the terms and conditions of her employment. Specifically, but not as a limitation:. The Plaintiff was excluded from important meetings, which had an impact on her ability to perform the functions of her job; 2

3 b. The Defendant refused to investigate the Plaintiffs complaints of illegal conduct; c. The Defendant terminated the employment of the Plaintiffs assistant, which had an impact on her ability to perform the functions of her job; and d. The Defendant terminated the Plaintiffs employment in or around May 12. The fact that the Plaintiff complained about illegal activity was a motivating factor in the decision by Defendant to terminate the Plaintiffs employment and engage in the other adverse actions described above. Such action by the Defendant violates the Plaintiffs rights under Florida s Whistleblower Act. 13. As a direct and proximate result of the Defendant s illegal retaliatory conduct, as described above, the Plaintiff has suffered, and continues to suffer, the loss of income and the value of fringe benefits he would have received had her employment with the Defendant not been terminated. In addition, the Plaintiff has suffered, and continues to suffer, emotional distress, mental anguish, humiliation, and the loss of enjoyment of life. 14, WHEREFORE, the Plaintiff prays: a. That the Court take jurisdiction over this action; b. That the Court order the Defendant to reinstate the Plaintiff to her former or to an equivalent position, or in the alternative, award the Plaintiff front pay; c. That the Court award the Plaintiff her lost pay and the value of her lost fringe benefits; 3

4 cl. That the Court award the Plaintiff compensatory damages; and e, That the Court award the Plaintiff the cost of this action, including a reasonable attorney s fee. ("oiint TT- Tntentinnal TnterCerence with a Business Relationship 15. Plaintiff incorporates paragraphs 1 through 4 as if fully rewritten herein. 16. After the termination of the Plaintiffs employment by the Defendant, detailed above, the Plaintiff secured employment at Shands Hospital in or around.luly 17. Within a few months of starting employment at Shands Hospital, an employee of the Defendant, Debbie Dukes, interviewed for a vacant position at Shands Hospital. Dukes engaged the Plaintiff in a conversation regarding the fact that she was previously employed by the Defendant. 18. In November 2014, Shands Hospital abruptly terminated the Plaintiffs employment based upon purported outside information it had received from a third party. 19. The Defendant was aware of the Plaintiffs business relationship with Shands Hospital and intentionally and unjustifiably interfered with that relationship. 20. As a result of the Defendant s conduct, described above, the Plaintiff'was terminated from her employment at Shands Hospital and has been unable to secure similar employment since that date. The Plaintiff has suffered a loss of income and other employment benefits as well as pain and humiliation because of the Defendant s conduct. 21. WHEREFORE, the Plaintiff prays: 4

5 a. That the Court take jurisdiction over this action; b. That the Court order the Defendant to reinstate the Plaintiff to her former or to an equivalent position, or in the alternative, award the Plaintiff front pay; c. That the Court award the Plaintiff her lost pay and the value of her lost fringe benefits; d. That the Court award the Plaintiff compensatory damages; and e. 1 hat the Court award the Plaintiff the cost of this action, including a reasonable attorney s fee. JURY TRIAL DEMAND The Plaintiff demands a trial by jury on all issues so triable. /s Melissa C. Mihok MELISSA C. MIHOK Florida Bar Number inoissa@;melissacmihokpa,cpni Secondary ; Ih'ijTThgio.. gmallcpm MELTSS A (T MIHOK, P. A E. 7 Ave., Suite 301 Tampa, FL (813) (813) (Fax) 5