Nurse names medical center in retaliatory discharge suit

By Matt Russell | Jul 31, 2014

HUNTINGTON -- A former nurse is suing, stating she was terminated for filing a grievance against a fellow employee.


HUNTINGTON -- A former nurse is suing, stating she was terminated for filing a grievance against a fellow employee.

Tammy Hensley filed suit June 30 in Cabell Circuit Court against PrimeCare Medical Inc. and Misty Bennett.

According to the complaint, Hensley began working for the defendant Dec. 10, 2003 as a licensed practical nurse. In January and February of 2013, Hensley asked for intermittent Family and Medical Leave Act leave due to the death of her father and her mother's poor health following a stroke, the suit states.

At that time the defendant hired a younger nurse, Misty Bennett, who the plaintiff worked with. Hensley became increasingly concerned regarding Bennett's bedside manner during the following months. Among Hensley's concerns were patients not receiving appropriate medications and medical supplies running low because orders were not place in a timely manner, the suit states.

On July 30, 2013, the plaintiff filed an official grievance regarding Bennett's conduct. Upon reporting to work on Aug. 1, Hensley was escorted off the property and told her services were no longer needed, the filing states. Hensley had never been written up or received disciplinary action prior to her dismissal, according to the suit.

The defendants are accused of two counts of retaliatory discharge and age discrimination.

Hensley is seeking general, special and punitive damages, front pay and back pay, interest and costs.

She is represented by Huntington attorney Abraham J. Saad of Saad Law Office. The case has been assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court Case No. 14-C-478

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