Doyle Dennis Avery LLP Vs. Emergency Hospital Systems LLC: A Hostile Work Environment
Doyle Dennis Avery LLP Vs. Emergency Hospital Systems LLC: A Hostile Work Environment
Doyle Dennis Avery LLP esteems itself on protecting workers who are victims of wrongful termination or workplace discrimination. This typically occurs when a worker is unfairly retaliated on for actions such as reporting a workplace injury, reporting a violation of law, or reporting safety violations.
With years of experience dealing with worker’s compensation claims, Doyle Dennis Avery LLP was retained to file suit on behalf of an Emergency Hospital Systems employee. Specifically, the suit alleges the Defendant violated Texas Labor Code § 451.001, Texas Administrative Code § 133.43, and Texas Health and Safety Code § 161.134. We allege Defendant took retaliatory action against our client because our client (1) reported conduct that they had a reasonable belief violated the law and (2) they filed a worker’s compensation claim and instituted worker’s compensation proceedings, including reporting that they suffered an injury to their employer under Texas Labor Code § 409.001 and seeking medical care.
After being exposed to an infectious disease due to a lack of proper precautions, our client suffered complications due to contracting said disease. They were directed by their supervisor to immediately seek medical treatment. Following two extended hospital stays, our client asked the defendant about filing a worker’s compensation claim, which was ignored. During a meeting conducted with staff by the Defendant, our client reported that the Defendant lacked the necessary precautions regarding infectious diseases, such as failing to properly notify staff and failure to furnish a place of employment free from infectious hazards. This lack of safety precautions violated the Occupational Safety and Health Act of 1970, Section (5)(a)(1).
After not hearing anything in response to a potential worker’s compensation claim, our client filed a claim with the Texas Division of Worker’s Compensation. During this time period, our client was not put back on the schedule by the Defendant. Defendant claimed that an employee cannot work for an employer while they are trying to “sue” said employer. Essentially, our client was unfairly denied work because they filed a worker’s compensation claim. Perhaps more distressing, our client was called a liar regarding their exposure to the infectious disease, despite over two weeks spent in hospitals. Our client responded by placing themselves back on the schedule, where upon their return, they were greeted by negative comments and a hostile work environment.
After being put in harm’s way, our client tried to go through the proper channels to address the incident. They were ignored when inquiring about a worker’s compensation claim and in response to our client trying to increase safety, our client was treated with hostility. They tried to run our client out and deny their rights as an employee. Because of this, our client was faced with no other option than to seek restitution through the law. The suit seeks the damages caused by Emergency Hospital Systems, such as actual damages, punitive damages, lost past and future wages, mental anguish, reputational harm, exemplary damages, attorney’s fees, and other penalties provided by law.
Doyle Dennis Avery LLP works on a contingent fee basis. Simply put, this means that until you get paid, we do not get paid. Contact Doyle Dennis Avery LLP today for a free consultation regarding your potential claim.
