CHARLESTON – A former Res-Care employee says the company made him the scapegoat following a substandard inspection at one of its homes.
Ahmed Khayr filed his complaint March 24 in Kanawha Circuit Court against Brightspring Health Holdings (Services) doing business as Res-Care Inc. and Justin Knapp, Res-Care’s executive director.
According to the complaint, Khayr worked for Res-Care for more than 18 years and had no major disciplinary issues. He was a Program Director, but he was moved to a role in February 2021 that did not have managerial responsibility for Res-Care’s Hudson Street Home.
On March 22, 2021, Khayr says the Office of Health Facility Licensure & Certification visited the facility for a routine inspection. Khayr was not assigned to the Hudson Street Home and was there only for meetings.
An OHFLAC report found violations regarding poor conditions, a patient not being supervised and understaffing. Khayr says Res-Care and Knapp knew of the understaffing. Khayr says he was forced to monitor many patients and address the OHFLAC investigation as well as take part in the meeting he was there for originally.
The violations resulted in an Immediate Jeopardy citation from OHFLAC. Khayr says Res-Care and Knapp blamed him for the citation “even though it was not his responsibility.”
“Plaintiff was not responsible for the citations … but was held accountable due to his cooperation with OHFLAC, reporting of understaffing to OHFLAC/Res-Care, and reporting Res-Care process that jeopardized patient care to OHFLAC,” the complaint states. “Res-Care effectively made plaintiff the ‘scape goat’ for its negligence.”
Khayr says his statements and communications to OHFLAC spurred the violations, but he says those actions were a protected activity to ensure patient care. About a week later, he was terminated by Res-Care.
He accuses the defendants of intentional and negligent infliction of emotional distress as well as reprisal and retaliation in violation of public policy. He seeks compensatory damages for lost wages including back wages and fringe benefits, emotional pain and suffering, mental anguish, emotional distress, indignity, embarrassment and humiliation. He also seeks court costs, attorney fees and other relief.
Khayr is being represented by D. Adrian Hoosier of The Hoosier Law Firm in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 23-C-262