Doyle Dennis LLP recently filed suit against Texas Treatment Services LLC d/b/a Beaumont Treatment Services d/b/a Maric Healthcare (“Texas Treatment Services”) in Beaumont, Texas. The wrongful termination lawsuit was filed in Jefferson County, Texas on behalf of the client.
Doyle Dennis LLP’s client is a licensed vocational nurse. She worked as a licensed vocational nurse for Texas Treatment Services at its location in Beaumont, Texas. Starting in early 2022, the client began feeling symptoms consistent with mold exposure, including aggravation of her underlying asthma condition. As Doyle Dennis LLP’s client’s symptoms from the mold exposure worsened, the client repeatedly reported this dangerous condition to her supervisors. Ultimately, Doyle Dennis LLP’s client’s exposure to the toxic mold caused her to suffer harm to her lungs, including the aggravation and acceleration of her asthma. Doyle Dennis LLP’s client later reported the dangerous condition to Texas Department of Health and Human Services and OSHA. Doyle Dennis LLP’s client reported that Texas Treatment Services violated the Occupational Safety and Health Act of 1970, Section (5)(a)(1). On that same day, Doyle Dennis LLP’s client also hired a worker’s compensation attorney and filed a claim for worker’s compensation benefits. A few weeks after the mold report, the City of Beaumont inspected the premises and after the evaluation, many violations were found, giving Texas Treatment Services 30 days after the date of the letter for the building to be repaired and meet code compliance, and if the building was planned to be demolished, a demolition permit must be obtained from the city. If there was no compliance from Texas Treatment Services, charges would be filed in the municipal court and a daily fine capped at $2,000.00 would be put in place, each day a code violation still exists. Despite these reports, Doyle Dennis LLP’s client’s supervisor and program director told Doyle Dennis LLP’s client that the building manager would do the minimum to fix the facility but would not do an extensive cleaning of the entire building. Doyle Dennis LLP’s client again stated that the company should have done something about the mold when she first reported it. Doyle Dennis LLP’s client later requested moving locations because the mold was making her sick.
Despite Doyle Dennis LLP’s client’s reports and requests for full and safe remediation, Texas Treatment Services refused to provide Doyle Dennis LLP’s client with a safe working environment. As a result, Doyle Dennis LLP’s client has not been able to work for Texas Treatment Services since July 2022. Texas Treatment Services then decided to change the terms and conditions of Doyle Dennis LLP’s client’s employment because Texas Treatment Services refused to or failed to remediate the mold condition, much less provide Doyle Dennis LLP’s client with a safe working environment. Texas Treatment Services’ failure to act left Doyle Dennis LLP’s client with two options – either risk further harm to herself by exposure to toxic mold or lose her job.
In addition, in a letter from November 2022, Texas Treatment Services told Doyle Dennis LLP’s client that it would terminate her if she did not return to work in December 2022. Texas Treatment Services also stated that there would not be any worker’s compensation for her, claiming that her claim lacked sufficient evidence. Doyle Dennis LLP’s client did not receive this letter until after December 5th. Texas Treatment Services targeted Doyle Dennis LLP’s client with this adverse action because of the “denial of benefits” by Texas Mutual. In other words, Texas Treatment Services treated Doyle Dennis LLP’s client different from other employees because (1) its insurer denied the claim and (2) Doyle Dennis LLP’s client had attempted to fight that wrongful denial by instituting worker’s compensation proceedings. Texas Treatment Services directly targeted and retaliated against Doyle Dennis LLP’s client for instituting worker’s compensation proceedings by demanding that she either return to her position or face termination. As a result, Texas Treatment Services additionally retaliated against Doyle Dennis LLP’s client on December 2022 when the termination went into effect.
As a result of Texas Treatment Services’ wrongful conduct, Doyle Dennis LLP’s client has suffered significant damages, including lost wages, mental anguish, reputational harm, and other damages available law. Furthermore, Texas Treatment Services knew that it was unlawful/illegal to terminate an employee in violation of Texas Labor Code Section 451.001, Texas Health, and Safety Code § 161.134, or Texas Occupations Code § 301.413. Despite that knowledge, Texas Treatment Services chose to unlawfully terminate Doyle Dennis LLP’s client. As a result, Texas Treatment Services acted maliciously, and Doyle Dennis LLP’s client is entitled to exemplary damages.
Doyle Dennis LLP prides itself on protecting workers’ rights. Our attorneys have decades of success inside and out of the courtroom. If you were wrongfully terminated and or retaliated against after sustaining an on-the-job injury, call us for a free evaluation of your case.