Facts

Plaintiff Felicitas Salonga worked in the health care field for over 25 years. She was employed as a Director of Staff Development [DSD] at St. Therese Convalescent Hospital and other convalescent hospitals over a period of 13 years.

The plaintiff was responsible for reporting to her administrator on matters concerning employee qualifications, credentials and licensure. She reported on these and other matters directly to the Director of Nursing (DON) and to Administrator Tony Moya.

The plaintiff reported her complaint jointly to Booker and Moya, concerning the lack of a required licensed LVN (licensed vocational nurse) on the part of a newly hired nurse. The complaint was written plainly in a note addressed jointly to both Booker and Moya. Moya knew about this complaint and numerous others from plaintiff, regarding violations of the law and the welfare of residents and staff under her care.

Despite plaintiff's complaints concerning the unlicensed nurse, Moya continued to employ an undocumented maintenance worker, following the plaintiff's complaint as to his lack of identifying I-9 papers. Within one month of these complaints and others in which plaintiff reported suspected violations of the law, Moya fired the plaintiff on May 23, 2005 without warning, suspension or investigation of any kind.

The plaintiff also complained about Moya's posted memo ordering her certified nursing assistants (CNAs) to move dumpsters from the rear to the front of the building. Her reports were also consistent with the views of the DON that this order would lead to an increased number of injury claims and liabilities to the nursing home. Moya also knew that plaintiff was reminding her staff employees to take breaks in the course of their long workdays. The plaintiff objected to the very early waking times in violation of the residents' rights.

Within a few weeks of termination, the plaintiff received a harassing telephone call from Moya regarding her report to the Dept. of Health Services. In a hostile and accusatory manner, Moya specifically referenced the plaintiff's several complaints to the DHS.

The DON testified in deposition that Moya indicated to her that he terminated the plaintiff in part because he was concerned about her reminding the CNAs to take their breaks.

Damages

$90,000 (back pay); unascertained future loss of earnings.

Injuries

The plaintiff claimed worsened medical condition and emotional distress.

Result

The case settled for $115,000 before John Russo, Oakland City Attorney; $25,000 lump sum payment from St. Therese Convalescent Hospital Inc.; $90,000 in stipulated judgment from D&R RCH Corporation.

Other Information

The case was litigated for over two years since filing on Sept. 8, 2005.