Ex-nurse sues St. Joseph Hospital for alleged lack of break time

BANGOR – A former nurse at St. Joseph Hospital has sued the facility, alleging she was fired from her job after she alerted her supervisors to workplace illegalities concerning the lack of adequate break time.

Aurelie Roussel, now living in Mississippi, claims violations of the Whistleblower Protection Act and the Maine Human Rights Act. She also claims her constitutional rights were violated.

The civil suit has been filed at U.S. District Court in Bangor.

Roussel worked at the hospital for about eight months, from Aug. 22, 1999 to April 3, 2000. She seeks compensatory and punitive damages, back pay, front pay, attorney’s fees, costs and interest.

She claims the hospital’s actions toward her were “taken with malice or with reckless indifference to [Roussel’s] right to be free from discrimination.”

A specific money amount is not mentioned. In order for a lawsuit to proceed in federal court, the amount of the claim must exceed $75,000. An institution with more than 500 employees, such as St. Joseph Hospital, can be liable for damages up to $300,000.

In a formal reply filed at court, hospital attorney Frank T. McGuire of Bangor states Roussel refused work opportunities at the hospital, and that she ultimately abandoned her employment .

Contacted Wednesday, Mc-Guire issued a written statement.

“St. Joseph Hospital firmly denies any discrimination or wrongdoing toward Ms. Roussel,” McGuire wrote. According to McGuire, Roussel was granted a leave of absence at one point and was later cleared to work. “At that time she was asked to contact St. Joseph Hospital to be included in a work schedule. However, Ms. Roussel never called. After that, Ms. Roussel apparently moved away to Mississippi.”

McGuire’s statement says that the hospital is “committed to providing quality patient care to the greater Bangor community, as it has done for more than 50 years. At no time has patient safety been compromised due to staffing issues.”

Roussel’s attorney, Arthur J. Greif of Bangor, said this case is one of six he’s handling involving illegal termination at the Bangor hospital. Another case has been resolved, he said.

“I’m sure when I reach heaven there will be a St. Joseph employee trying to bar me from the gate,” Greif said.

The focus of the complaint is a written report made by Roussel to three of her supervisors on Feb. 3, 2000, concerning the hospital’s alleged failure to give nurses working in the Emergency Department any breaks, including lunch time. Roussel reportedly informed three supervisors that she had called the Maine Department of Labor and was informed by the organization that state law requires employers to provide 30-minute breaks for every six hours worked.

Roussel “further informed all three supervisors that this break requirement should be posted at a visible place in the business,” the lawsuit states. If the notices weren’t posted, “an inspector from the Wage and Hour Division would, upon a phone call, inspect the business.”

Roussel reportedly concluded her report by asking the three supervisors to, “take seriously this ongoing problem so that no further action will be necessary.”

One of her supervisors, Gloria Attenweiler, allegedly said she “didn’t appreciate employees making complaints to the labor board,” the lawsuit states.

Contacted Wednesday, Attenweiler declined to comment on the case.

Later in February, 2000. Roussel took a medical leave of absence after being diagnosed with Graves’ disease, which can affect eyesight. Roussel “kept in touch with the supervisors weekly and was told that her leave of absence had been approved,” the lawsuit states.

Contradicting the hospital’s claim, Roussel said she informed the hospital the week of March 27, 2000 that she would be ready, shortly, to return to the work force. On Monday, April 3, 2000, she allegedly spoke with Attenweiler, who told her she had been terminated. Ten days later, the hospital “tried to hire her back,” according to Attorney Greif.

“The essence of an employer-employee relationship is one of trust. You’ve got to trust your employer to treat you fairly, and when they don’t and when they fire you, to expect an employee to go back it’s [often] too late,” Greif said.

The lawsuit claims the “primary motivating reason” for Roussel’s firing was the in-house report she had made following a call to the Department of Labor “concerning illegal working conditions at St. Joseph Hospital.” The lawsuit claims an additional reason for her firing was that during the early months of her employment she had “raised concerns about staffing levels and health and safety practices within the [Emergency Department] which put patient health and safety at risk.”

Her discharge was a retaliatory act, according to the lawsuit and “a direct violation of the Whistleblower Protection Act and, by incorporation, the Maine Human Rights Act.”

The complaint was filed with the Maine Human Rights Commission. The MHRC made no findings but, on Jan. 31, 2002, issued Roussel a right-to-sue letter.

The lawsuit initially was filed in Superior Court but was moved to U.S. District Court about a month ago. The reasons for its removal to federal court are because the lawsuit contains constitutional claims and because the action arises between citizens of different states.

The lawsuit is scheduled to go to trial next spring.