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Foster v. Colonial Development2/6/2002
This is an action for damages for retaliatory discharge of the Plaintiffs because they objected to alleged fraudulent practices involving TennCare or Medicare, brought pursuant to Tenn. Code Ann. § 50-1-304. The Plaintiffs were prima facie terminated for failing to clock out for lunch. Their case was dismissed on motion for summary judgment. We affirm.
Tenn. R. Civ. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
William H. Inman, Sr. J., delivered the opinion of the court, in which Herschel P. Franks and D. Michael Swiney, J.J., joined.
OPINION
The Plaintiffs were employed as nurses or nurses assistants by the Colonial Hills Nursing Center in Maryville. They alleged that on May 14, 1996, they were wrongfully terminated by their employer because of their objections to the practice of billing the same beds to both Medicare and TennCare, billing unneeded therapeutic services to patients, billing for services not provided, and falsifying patients' charts, all of which were illegal activities proscribed by Tenn. Code Ann. § 71-5-182, et seq.
They further alleged that Tenn. Code Ann. § 50-1-304 provides that "no employee shall be discharged or terminated solely [emphasis added] for refusing to participate in or for refusing to remain silent about, illegal activities," and that their termination was in direct violation of this statute.
The Plaintiffs further alleged that they were pretextually terminated for failing to punch the time clock at lunch break. Their complaint was filed September 20, 1996, in the chancery court, and transferred to the circuit court on December 17, 1998.
On February 21, 1997, the Defendants filed a Motion for Summary Judgment alleging:
1. That the Plaintiffs are collaterally estopped to assert and seek damages in this cause inasmuch as the matter has already been heard by the Unemployment Tribunal with a ruling [that] was in favor of the Defendants relative to the employment termination of the Plaintiffs.
2. That in sworn testimony given at the unemployment hearing . . . it is clear the Plaintiffs were legitimately terminated for failing to clock out pursuant to the policy of Colonial Development, Inc. That by sworn testimony, the Plaintiffs indicated that there had been no retaliatory discharge and asserted that John Byron had no knowledge of any complaints from any subordinates relative to any alleged illegal activities which had been complained of by the Plaintiffs.
3. That further at the time of their termination, John Byron, according to the Plaintiffs' testimony knew nothing relative to the alleged reporting of any activities by the Plaintiffs.
The trial court granted the Motion, finding
here is no genuine issue as to any material fact in this case inasmuch as Plaintiffs have failed to come forward with sufficient proof to show any causal relationship between the plaintiffs' refusal to participate in or remain silent about alleged illegal activities and the termination of the employees and these defendants are entitled to judgment as a matter of law because proof as to an essential element of the plaintiffs' claim is insufficient.
The Plaintiffs appeal and present for review three issues:
(1) Whether the trial court erred in denying the Plaintiffs' Motion to have their Requests for Admissions deemed admitted by Defendants.
(2) Whether the trial court erred in denying the Plaintiffs' Motion to Compel Discovery.
(3) Whether the Motion for Summary Judgment was properly granted.
Our review is de novo on the record with no presumption
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