 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Morse v. Washington State Dep't of Corrections9/6/2005
Shortly after Jayne Morse and other Monroe Correctional Complex (MCC) employees delivered a 'letter of concern' to MCC management, Morse was terminated from her position as an intermittent nurse. Morse appeals the trial court's order granting MCC's motion for summary judgment on her claims for retaliatory discharge in violation of the First Amendment and wrongful termination in violation of public policy. Morse contends there are genuine issues of material fact that preclude summary judgment. We agree and reverse.
FACTS
Because this is an appeal of a dismissal on summary judgment, the facts are presented in the light most favorable to Morse, the nonmoving party. See Right-Price Recreation, LLC v. Connells Prairie Com. Council, 146 Wn.2d 370, 381, 46 P.3d 789 (2002).
Jayne Morse worked at MCC as a Licensed Practical Nurse (LPN) from 1992 until she was formally terminated on March 24, 2000. In May 1999, Morse resigned from her position as a permanent LPN and became an 'intermittent' employee. As an intermittent nurse, Morse could work each month on available shifts and was expected to work when a nurse called in sick or did not want to work a double shift. Intermittent nurses are not required to work any specific number of hours each month. Since 1999, Morse has worked an average of 77 hours per month as an intermittent nurse.
In January 2000, Morse expressed concerns to her supervisor, Karen Dahlbeck, about working with full-time registered nurse (RN) Joey Bernstein.
I am so afraid of working with Joey that I seriously contemplated calling in the next scheduled day. I worry that I will be 'set up by her' or that she may go as far as messing with my medications. In part I accept that we have a personality conflict and I have made every attempt to not let that cloud my perception or create more fear for myself. It is difficult to work with someone that you have no trust of and are in fear of. After our conversation I was relieved to know you listened and that you validated my emotions. Thank you. When I learned that she had told you I refused to take a patient it further confirmed my fear. I have taken my name of {sic} the sign up sheet do {sic} to the fact she signed up for the days I usually try to work. Sunday and Tuesday. I can not work while I am so afraid, it is not safe for myself or for my patients. I will try to reschedule myself for times that I would not be forced to work with her. If you can otherwise accommodate this situation let me know and I will try to pick up some more time.
On January 27, February 6 and February 27, Morse submitted other written complaints to Dahlbeck. Morse alleged Bernstein altered an inmate's medical chart, made an error in counting narcotic medications, and had an improper conversation with an inmate in which she criticized Morse. On March 4, Morse and other MCC employees met to discuss Bernstein and the unsafe work environment caused by her failure to follow proper procedures. The employees wrote a five-page 'letter of concern' (Letter of Concern) describing more than twenty-five times when Bernstein violated Department of Corrections (DOC) policies or procedures including inappropriate contact with inmates, giving some inmates special treatment with respect to meals, bringing inmates items including movies and magazines, failing to crush narcotic pills, administering medication without an order and altering medical charts. According to the Letter of Concern, nearly all of the incidents had been reported to Dahlbeck or MCC staff. Copies of the complaints submitted by Morse and other MCC employees regarding Bernstein were attached to the Letter of Concern. The Letter of Concern concludes, The c
Page 1 2 3 4 5 6 7 8 Washington Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|