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Employment Law
Wrongful Termination
Retaliation

Alina Ales v. Truxtun Psychiatric Medical Group, L.P.

Published: Oct. 12, 2013 | Result Date: Aug. 5, 2013 | Filing Date: Jan. 1, 1900 |

Case number: S-1500-CV-274844 Settlement –  $25,000

Court

Kern Superior


Attorneys

Plaintiff

Thomas A. Brill


Defendant

Lawrence M. Isenberg


Facts

In July 2010, Truxtun Psychiatric Medical Group hired plaintiff Alina Ales to be a life coach. Plaintiff claimed that soon after she was hired, she began to suspect that other employees were fraudulently altering patient documents. She reported her suspicions to her employer's HMO, and the HMO audited Truxtun. Truxtun then terminated Ales.

Ales sued Truxtun for wrongful termination and retaliation.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Truxtun employees had fraudulently changed patient documents and added additional diagnoses. After reporting this, an audit was performed on Truxtun, and Truxtun terminated her employment.

DEFENDANT'S CONTENTIONS:
Truxtun contended that it was unaware of Ales' contacts with the HMO, and consequently, Ales' termination could not have been in retaliation for those contacts. Truxtun claimed that Ales had received an unfavorable performance evaluation, and had been put on a 90-day probationary period. Truxtun contended that Ales' job performance failed to improve, and that she was terminated based on poor job performance.

Damages

Ales sought damages for her lost earnings. According to defendant, plaintiff sought $150,000 in damages.

Result

The parties settled for $25,000.


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