November 22, 2024
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Former employee sues Waldoboro nursing home

ROCKLAND – A licensed practical nurse is suing the parent company of Fieldcrest Manor Nursing Home in Waldoboro claiming she was fired from the home because of her pregnancy.

Kimberly Tremblay of Hope worked for Fieldcrest Manor, which is owned by Vencor Nursing Centers West, L.L.C., from Aug. 28, 1998, to May 16, 2000, according to a lawsuit filed Thursday in Knox County Superior Court.

Tremblay had filed a complaint with the Maine Human Rights Commission in May, according to the lawsuit, and was given permission by the commission earlier this month to file a civil suit.

On Thursday, a spokeswoman for the commission confirmed those facts. If the commission does not reach a particular case within 180 days of its filing, complainants may request permission to go directly to court.

According to the lawsuit, Tremblay was fired May 16 when she was 14 weeks pregnant and had been experiencing medical complications from her pregnancy. Because of those problems, she sought medical treatment May 9 at Penobscot Bay Medical Center’s emergency room.

Tremblay contacted her nursing supervisor that day to inform her she was instructed not to work that night. The next day, Tremblay went to her obstetrician and was diagnosed with placenta previa, a potentially serious medical condition, according to the lawsuit filed by her attorney, Rick Morse of Rockland.

After the doctor’s visit, Tremblay contacted her nursing supervisor and told her about the diagnosis, and that she was being restricted from certain activities, specifically heavy lifting.

About an hour later, someone at the nursing home contacted Tremblay to schedule a meeting with her supervisor and administrator Thomas Foran. At that meeting, Tremblay was told that she was suspended immediately, according to the court document.

A week later, on May 17, Foran officially terminated Tremblay based on a finding of “resident neglect,” according to a termination letter.

Neither Morse nor Foran could be reached Thursday for comment, but a copy of the termination letter from Foran was in the court record.

The letter reads: “As you know we have been conducting an investigation on Resident Neglect. We have concluded, based on documented reports, that the allegations are valid and that you did fail to provide [as per physician’s orders] tube feedings to one of the residents on the nights of May 4th and May 5th.

“As such, I must inform you that your employment at Fieldcrest Manor has been terminated May 16th, 2000, and that you will not be eligible for rehire at this facility or, for that matter, any Vencor facility.”

The letter also notified Tremblay that she would not be paid for scheduled shifts while the investigation was being conducted during the term she was under suspension.

According to the lawsuit, “Director of Nursing John Jonston informed the administration that their action against plaintiff was inappropriate and that he was to be consulted in such decisions.”

Tremblay asserts that she performed all her required duties at the nursing home, including all scheduled tube feedings, and did not consent to the termination.

On May 18, Tremblay filed a sworn charge of discrimination with the human rights commission and now is suing for unlawful, intentional employment discrimination on the basis of her sex, specifically due to her pregnancy. The suit seeks unspecified damages, attorney’s fees, lost income, back pay and such further relief as is just and proper.


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