firm-news , wrongful-termination

Doyle Dennis Avery LLP Vs. A Texas Home Dialysis Company: Improper Termination of Texas Nurses



Texas employers often tell their employees that they are working “at-will” in order to suggest that they may take any action against them, including firing them for any reason. However, Texas law provides protections to a variety of employees, including health care workers who suffer from retaliation, termination, or firing by their employer. Doyle Dennis Avery LLP’s lawyers have dedicated years to protecting employees across the United States. Based upon this experience, Doyle Dennis Avery LLP was hired to file suit against a home dialysis company located in Texas for alleged violations of the Texas Occupations Code, Section 301.413.

This home dialysis company provides dialysis services to patients who require kidney disease management. The dialysis procedures involve the use of reverse osmosis machines to clean patients’ blood. Because patients’ blood comes in contact with the dialysate solution, the water used to make the dialysate must be extremely clean. The lawsuit alleged that three home dialysis company nurses began reporting to their supervisors that they believed the home dialysis company’s reverse osmosis machines were not cleaned properly and would consequently endanger patients’ health and that the Texas-based home dialysis company failed to take action. The lawsuit also alleged that for seven months, the dialysis company received complaints about the cleanliness of their machines and still did nothing. Instead, the home dialysis company fired the three employees, claiming false bases for their terminations, in violation of the Texas Occupations Code. According to Section 301.4025 of the Texas Occupations Code, an employer may not retaliate against a nurse who reports in good faith that she had reasonable cause to believe that a given situation exposed a patient to substantial risk of harm. Thus, the three home dialysis nurses pursued protected activity under the Texas Occupations Code.

Doyle Dennis Avery LLP is proud to represent employees who were wrongfully terminated by their employer. If you have experienced discrimination or wrongful termination, call us for a free evaluation of your potential legal claim.