Nursing

In the news: Nurse files suit, citing unfair termination for reporting racial slur

Stressed Out Nurses Weekly, August 30, 2010

A former home health nurse has filed a lawsuit against her former employer, home health agency Mulberry Street Management Services Inc. of Morgantown, WV, citing she was let go for reporting a racial slur.

According to the lawsuit, Debra D. Barker reported to management in March that a co-worker made an inappropriate racial remark about her children, saying the co-worker’s comment made her “embarrassed and hurt by these references” and that she “should not have to work in an environment where such language was tolerated.”

In the complaint, Barker says not only was her termination a direct result of reporting the racial comment to management, and therefore a violation of the state Human Rights Act, but she also didn’t receive her final pay check until March 30, three days past the 72 hour requirement by the state Wage Payment and Collection Act.

Barker is seeking damages including the value of lost wages and benefits, reinstatement to her job, civil penalties for WPCA violations, court costs, and attorney fees.

Source: The West Virginia Record

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