Former employee sues Nursing Care Management of America for wrongful termination

By Kyla Asbury | Apr 19, 2013

CHARLESTON - A former employee is suing Nursing Care Management of America Inc. after he claims he was wrongfully terminated from his employment.

Harrell Memorial Nursing Home Inc., which is doing business as Meadowbrook Acres Nursing Center, and Jeffrey A. Smith were also named as defendants in the suit.

Raheem Nader II was employed by the defendants for approximately 15.5 years and made good faith reports to the defendants of instances of wrongdoing and/or waste during his employment, according to a complaint filed April 8 in Kanawha Circuit Court.

Nader claims  the defendants terminated his employment on Nov. 8 in whole or in part for making the good faith reports.

On Oct. 10, Nader spoke with the defendants' management about other employees falsifying residents' documentation and on Oct. 25, he spoke to management about other employees improperly placing the residents' prescription medication in an unlocked refrigerator, according to the suit.

Nader claims on Nov. 5 and Nov. 6, state surveyors came to Meadowbrook for an inspection as a result of a complaint filed and he was questioned by the state surveyors and truthfully answered their questions.

The defendants retaliated and/or discriminated against Nader, which violated the West Virginia Human Rights Act, according to the suit.

Nader claims the defendants' actions caused him to suffer embarrassment, humiliation, annoyance and inconvenience.

The defendants' actions were willful, wanton, malicious and/or undertaken with reckless disregard and/or reckless indifference to Nader's rights, according to the suit.

Nader is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Mark A. Atkinson and John-Mark Atkinson of Atkinson & Polak PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-694

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