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Bersch v. Rgnonti Assocs., Inc., 584 N.W.2d 783, 786 (Minn.App. 1998) , review denied (Minn. Dec. 15, 1998). The evidence in the record must be reviewed in the light most favorable to the party against whom summary judgment was granted. Hedglin v. City of Willmar, 582 N.W.2d 897, 898 (Minn. 1998); Rothmeier v. Inv. Advisers, Inc., 556 N.W.2d 590, 592 (Minn.App. 1996), review denied (Minn. Feb. 26, 1997).
As my husband needed more and more care the costs were eroding our savings. Unfortunately, we found out the home care agency we were working with didn’t accept Medicaid. They referred us to Incare which does handle private pay and Medicaid clients. In the beginning we paid privately until we received Medicaid coverage. Incare was invaluable to help us navigate the process of getting approved for and setting up care. Incare was there to help us find an MLTC, schedule assessments and secure hours.
A. Statutorily Protected Activity
The court also assumed appellant's refusals to relocate were based on his desire to work close to his home and that this precluded a finding that respondent took adverse employment action against him. To establish a prima facie case, an employee must demonstrate that he engaged in statutorily protected activity; his employer took adverse employment action against him; and there is a causal connection between the two events. On appeal from a summary judgment, this court must review the record to determine whether any genuine issues of material fact exist and whether the district court erred in applying the law. Respondent alleges that it offered appellant employment at different locations on several occasions between March 17 and 26, but appellant refused to work anywhere other than Elliot House. On March 26, respondent terminated appellant's employment and noted that he was being discharged for violating its client bill of rights and for abusing or neglecting vulnerable adults.
The district court also concluded that appellant failed to present any evidence that similarly situated, non-minority employees were paid at a higher rate than he was paid. Because a plaintiff is required to present more than mere assertions that he was paid less than similarly situated employees, the court concluded that appellant had failed to establish a prima facie case of disparate treatment in salary. The district court concluded that the purpose of the whistleblower statute is to prevent employers from retaliating against employees who refuse to violate federal or state law or who report illegal activity by their employer. Because respondent did not engage in illegal activity, and because the co-worker's suspected illegal activity occurred outside the scope of his duties at Elliot House, the court concluded the whistleblower statute did not protect appellant's report. We conclude that appellant's wage-discrimination claims must also fail because the two workers he alleged were paid more than he was paid were not similarly situated employees. According to the unchallenged documentary evidence submitted by respondent, one employee began working for respondent in 1988.
Home Health Infusion Nurse - Part Time - Stamford / Greenwich
Appellant argues the district court erred when it granted summary judgment in favor of respondent on his whistleblower claim because the statute protects reports of suspected non-employment-related illegal activity by co-workers to law enforcement officials. Appellant also argues the termination of his employment constituted retaliatory conduct under the statute because it was an adverse employment action. The district court recognized that the comment was made years before respondent terminated appellant's employment. The district court concluded that any claim based on the comment would be time barred by the Minnesota Human Rights Act's two-year statute of limitations. It also noted that an isolated racial slur over the course of a six-year employment relationship could not form the basis of a disparate-treatment claim.
Registered Nurse (RN) - Newburgh, NY (per diem)
Speaks knowledgeably about Option Care’s scope of services and effectively instructs patients about related financial obligations for care and service charges. Provides effective and safe teaching using patient-centered care approach for patient and family to achieve independence with prescribed therapy and care needs through active participation per plan of treatment goals. As a leading healthcare provider, we have an undeniable responsibility to protect the health and safety of our patients, customers and team members. When you or your loved one needs personal assistance services, we’re available 24 hours a day, seven days a week to help patients and... From accompanying patients to activities that bring them joy to keeping them company at home, a companion can alleviate the loneliness that often comes with health challenges. The employee, Jeanne M. Bain, sustained an admitted work injury to her low back on July 18, 1994 while working as a home care aide for Becklund Home Health Care, hereinafter the employer.
ADVANCED SEARCH FORM Utilize our advanced search form to filter the search results by Company Name, City, State, Postal Code, Filing Jurisdiction, Entity Type, Registered Agent, File Number, Filing Status, and Business Category. The record, however, belies these assumptions when viewing the evidence in favor of appellant. McDonald's notes dated March 19, 1999, state that Oberg offered appellant hours at a different location but the notes do not specify the terms and conditions of the offer or whether the location was a similarly situated place of employment. McDonald's notes dated March 26 state that she offered appellant an "office position." Appellant, however, denied that he was ever offered an office position in lieu of his employment at Elliot House.
Volunteer: Home Health Aide
Home care is a health service provided in the patient's home to promote, maintain, or restore health or lessen the effects of illness and disability. Services may include nursing care; speech, physical and occupational therapies; home health aide services and personal care services. Services may include nursing care, speech, physical and occupational therapies, home health aide services and personal care services. The employer and insurer emphasize that they had voluntarily paid for more treatment than were required by the permanent treatment parameters and that no basis was found by the compensation judge to deviate from the parameters. We conclude the district court did not err when it granted summary judgment in favor of respondent on appellant's various racial and national origin discrimination claims.
Managed long-term care is a system that streamlines the delivery of long-term services to people who are chronically ill or disabled and who wish to stay in their homes and communities. At FirstLight Home Care, the genuine health and well-being of others is our greatest concern. We vow to provide first class personal service for our clients so that they may enjoy warmth, independence and relaxed comfort in their own home o... Our supportive, respectful and inclusive approach makes homecare personalized for our patients, simple for our families, and fulfilling for our caregivers.
Appellant alleges Oberg and McDonald asked him to transfer to a different location. Appellant also told Oberg and McDonald that the complaining resident once called him a "n----r" in 1996 or 1997. Appellant also claims he notified respondent of the epithet when it was made; respondent denies receiving notification of the incident. Graduate of an accredited school of nursing and at least 1 year of experience as a registered nurse or recent graduate with prior experience as an IV Certified LVN/LPN with one year professional nursing experience.
Home HealthTherefore, viewing the evidence in the light most favorable to appellant, there are remaining disputed materials facts, and facts that have not yet been sufficiently developed, to preclude summary judgment on this issue. In determining whether a report is made in good faith, we must examine the content of the report and the purpose of the report at the time the report is made. The crucial inquiry is whether the report was made to expose an illegality. Generally, whether a report was made in good faith is a question of fact; but "this court may determine as a matter of law that certain conduct does not constitute a `report.'" Rothmeier, 556 N.W.2d at 593 . Respondent apparently concedes that appellant made the report in good faith. The next day, the mother of one of the Elliot House residents called Rhoda Becklund, respondent's president, and notified her that the police had been called to Elliot House.
The close proximity between a termination decision and a statutorily protected report may support an inference of reprisal in violation of the statute. Mere speculation, however, is not sufficient to justify an inference of a retaliatory motive. The district court relied on Larson v. New Richland Care Ctr., 538 N.W.2d 915, 921 n. First, it is clear that the whistleblower statute not only protects reports of violations of federal or state law, but also protects reports of suspected violations of federal or state law, if the reports are made in good faith. Cox v. Crown CoCo, Inc., 544 N.W.2d 490, 496 (Minn.App. 1996); see also Obst v. Microtron, Inc., 614 N.W.2d 196, 200 (Minn. 2000) ("While there need not be an actual violation of law, the reported conduct must at least implicate a violation of law." ).
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