A nurse fired after refusing a supervisor's work assignment lost her retaliation lawsuit.

Record source: CourtListener

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT ASHLAND CIVIL ACTION NO. 23-99-DLB-EBA JULIE EVANS PLAINTIFF v. MEMORANDUM ORDER WOODLAND OAKS OPERATIONS LLC DEFENDANT * * * * * * * * * * * * * * * * I. INTRODUCTION This matter comes before the Court on three motions: Defendant Woodland Oaks Operations, LLC’s (“Woodland”) Motion for Summary Judgment (Doc. # 37), Woodland’s Motion to Strike (Doc. # 40), and Plaintiff Julie Evans’s Motion to Supplement the Record (Doc. # 43). These motions are fully briefed and ripe for the Court’s consideration. For the following reasons, Woodland’s Motion to Strike (Doc. # 40) is denied, Evans’s Motion to Supplement (Doc. # 43) is granted, and Woodland’s Motion for Summary Judgment (Doc. # 37) is granted. II. FACTUAL AND PROCEDURAL BACKGROUND This case concerns the circumstances and events that gave rise to the end of Plaintiff Julie Evans’s employment at Woodland. Woodland is a long-term care and rehabilitation facility located in Ashland, Kentucky. (Doc. # 37-1 ¶ 3). It offers a variety of services to its residents, including short-term rehabilitation, long-term care, respite care, post-hospital care, hospice care, IV therapy, comprehensive wound care, pain management, stroke and neurological care, and restorative nursing care. (Id.). Woodland hired Evans as a Licensed Practical Nurse on June 5, 2005. (Id. ¶ 7; Doc. # 37-2 at 43:18-23). This role required Evans to provide Woodland residents with treatments and medications, monitor their blood sugar levels, and care for their overall wellbeing. (Doc. # 37-2 at 45:2-46:10). As a Woodland employee, Evans was subject to various policies, and she was required to adhere to a certain standard of conduct. (Id. at 66). These standards and policies are memorialized in Woodland’s Employee Handbook. (Id. at 61-85). Evans received a copy of the Handbook upon her hiring in 2005, and she signed an acknowledgement each time Woodland updated its contents. (Id. at 64:10-20). An up-to-date copy of the Handbook was available to Evans and her co-workers through Woodland’s human resources department. (Id.). The Handbook sets forth a non-exhaustive list of inappropriate conduct that provides grounds for discipline including termination of employment. (Id. at 66). Examples include modifying a work schedule without prior supervisory approval, failure to satisfactorily perform the “Functions of the Job” outlined in an employee’s job description, and insubordination. (Id.). Additionally, the Handbook describes Woodland’s “open-door policy.” (Id. at 72). Under this policy, Woodland employees are encouraged to raise suggestions, complaints, and questions concerning their employment. (Id.). The purpose behind Woodland’s open-door policy “is to promptly review any topic, issue, or complaint” brought by an employee. (Id.). Importantly, the policy expressly forbids “[r]etaliation by any member of management [against] an employee who has voiced a work-related concern[.]” (Id.). Evans acknowledges that her employment at Woodland was at-will in nature. (Id. at 53). As a Woodland employee, she could be discharged “at any time, with or without cause.” (Id.). An important part of Evans’s role involved adherence to the chain of command at Woodland. (Id. at 48:3-25). Evans reported directly to Woodland’s Director of Nursing, Tish Palladino. (Id. at 48:3-8). Palladino managed and supervised Woodland’s LPNs, including Evans. (Doc. # 37-1 ¶ 8). Palladino, in turn, reported directly to Tony Mollica, Woodland’s Administrator. (Id. ¶ 8). Mollica managed operations at Woodland, provided oversight, and was responsible for the hiring and firing of Woodland employees, including Woodland’s nursing staff. (Id.). To assign responsibilities to its patient care staff, Woodland utilized nursing floor plans, which were drafted daily by Woodland’s scheduler, Emily Steele. (Doc. # 37-2 at 52:25-53:5). In drafting floor plans, Woodland sought to ensure an equitable and safe distribution of the workload among the scheduled LPNs, nursing aids, and other staff tasked with patient care. (Id. at 52:3-24). Palladino retained authority over modifications to the floor plan. (Id. at 56:15-57:2; Doc. # 37-1 ¶ 13). However, because Palladino did not arrive at Woodland until 8:00 a.m. each day—roughly two hours after the patient care staff began their shift—she was unable to approve modifications occurring before 8:00 a.m. (Id. at 57:19-58:7). Thus, the nursing staff were permitted to collaborate on modifications to the floor plan amongst themselves prior to Palladino’s arrival. (Id. at 57:19-58:11). This was a longstanding practice. (Id.). However, no member of Woodland staff had permission to alter a floor plan in a manner that put patient safety at risk. (Id. at 59:6-20). The events that culminated in Evans’s termination began in the middle of 2022. Several months prior to Evans’s termination, she accused Palladino of improperly deleting information from patient charts, among other things. (Doc. # 95:5-15; 96:7-9). Although Evans was initially unable to escalate her complaint regarding Palladino, she testified at her deposition that she eventually reported her concerns regarding patient information to Tara Helton, a Regional Nurse Consultant employed by Woodland’s corporate management affiliate. (Id. at 99:18-24). However, Helton denies receiving such a complaint. (Doc. # 37-3 ¶ 4). At some point in August of 2022, Evans attended a meeting with Mollica, Palladino, and Sharon Setliffe—a nurse at Woodland—at which she reiterated her accusation that Palladino was deleting patient information. (Doc. # 37-2 at 86:14-87:4). Evans made several additional complaints about Palladino during this meeting. (Id.). On August 15, 2022, Evans made unilateral modifications to the floor plan. (Id. at 66:19-67:14). In a memo created on August 18, 2022, Palladino states that she explicitly directed Evans to refrain from making changes to the floor plan without prior approval. (Id. at 86). However, Evans denies that Palladino gave such direction on August 15. (Id. at 67:18-19). At any rate, on August 26, 2022 Evans modified the floor plan without prior approval. (Id. at 79:19-80:15; Doc. # 37-1 ¶ 11; Doc. # 37-4 ¶ 3). After reviewing Evans’s modifications, Palladino prepared a revised floor plan. (Id. at 74:18-25). Evans refused to accept Palladino’s revisions, asserting that the new floor plan was unsafe. (Id. at 75:17- 20, 88). When Palladino spoke with Evans about the new floor plan, Evans stated that Mollica had told her that she did not have to comply with a floor plan assignment that placed more than thirty residents under her care. (Id. at 77:14-18, 88). In an effort to resolve this impasse, Palladino and Lisa Adkins met with Mollica. (Doc. # 37-1 ¶ 11). Adkins and Palladino informed Mollica that Evans objected to Palladino’s revised floor plan assignment and refused to abide by it. (Id.

Official opinion source