Kirby Mohammed v. Jacksonville Hospitalists, P.A.

712 F. App'x 872
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 18, 2017
Docket15-15620
StatusUnpublished
Cited by3 cases

This text of 712 F. App'x 872 (Kirby Mohammed v. Jacksonville Hospitalists, P.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kirby Mohammed v. Jacksonville Hospitalists, P.A., 712 F. App'x 872 (11th Cir. 2017).

Opinion

Per Curiam:

Plaintiff Kirby Mohammed (“Plaintiff’) appeals the grant of summary judgment on her pregnancy discrimination claims under Title VII and the Florida Civil Rights Act in favor of her former employer, Defendant Jacksonville Hospitalists, P.A. (“Defendant”). Concluding that Plaintiff has not shown that the reasons Defendant has given for her termination are pretextual, we affirm.

I. BACKGROUND

A. Factual Background

Plaintiff is a licensed practical nurse, which qualifies her to provide medical care and medication and to work in a hospital, nursing home, or doctor’s office. Prior to beginning her employment with Defendant, Plaintiff had worked as a nurse at several short and long-term rehabilitation facilities and as a traveling nurse performing home-health care nursing services. Plaintiff only did clinical work during this time, and did not perform any administrative or marketing tasks.

Defendant is owned by three physicians — Dr. Shawn Chopra, Dr. Mark Blatt, and Dr. Kevin Crismond — who comprise the company’s board. The practice administrator, Drew Snyder, oversees the office staff and human resources issues, and though he attends board meetings with the three doctors and provides input, his role is limited to implementing what the board decides. Doctors who work for the company do not care for patients in their own facility, but rather care for patients in hospitals, nursing homes, hospices, and long-term care facilities. This system allows for the doctors to remain in a patient’s continuum of care as he is moved among facilities.

While they were both working at the same facility, Dr. Chopra initiated discussions with Plaintiff about her working for Defendant as a “nurse liaison.” According to Plaintiff, Dr. Chopra described the position as one that involved working closely with doctors and visiting different hospitals and facilities to promote the company’s services in order to gain clientele, essentially becoming the “face” of the company. Dr. Chopra told Plaintiff that the position was being developed, and he would discuss hiring her with his colleagues. Plaintiff expressed interest in the position if it was something that she could “grow with.”

Dr. Chopra raised the possibility of Plaintiff taking on this role in a board meeting, where it was discussed that the role would be to serve as an intermediary between the doctors and the facilities they visit, as well as the ones that they did not visit, to strengthen and develop relationships because the doctors did not have the time to do so themselves. Dr. Chopra testified that the board wanted the nurse liaison to visit facilities “independently and be mobile,” and that the outcome of the nurse liaison’s efforts would be “the development of relationships and the improvement of business.” Dr. Chopra acknowledged that because the position was newly created, there would be a learning curve for both Plaintiff and the doctors, though Dr. Chopra nevertheless recommended Plaintiff as being a good fit for the position. Snyder testified that, at her interview, Plaintiff indicated that she understood the purpose of the position was to increase the number of facilities that Defendant’s doctors visited, ensure that all of the patients requiring post-hospital care were discharged to facilities where Defendant’s doctors visited, and to improve relationships with existing facilities. Plaintiff testified that after her interview, she understood the position to involve meeting with doctors and case managers, as well as representatives of facilities where Defendant did not already have doctors in order to build that relationship.

Plaintiff was ultimately hired and began working for Defendant on July 16, 2014. Plaintiff’s offer letter indicated that there would be a 90-day probationary period, after which there would be a performance appraisal. Plaintiff was not guaranteed a minimum of 90 days of employment, and Plaintiff understood that during this probationary period, she was an at-will employee. She reported primarily to Drs. Chopra and Blatt. There was no formal training for the position. Although the doctors provided Plaintiff with guidance, Dr. Chopra testified that the role was one that did not require training, but rather the initiative required to initiate contact with facilities and build relationships with them.

Plaintiff testified that she performed a significant amount of data entry during her first week of employment. She requested a meeting with Drs. Chopra and Blatt to ensure that she would be able to do nurse liaison tasks, which she was not doing consistently by the first week in August, when the meeting was held. While Plaintiff states that the doctors were “very complimentary,” Dr. Chopra testified that they raised concerns about not seeing new facilities or an increase in business, and reiterated to Plaintiff that she needed to show initiative and work toward developing the business. After the meeting, Plaintiffs job description was updated to include daily meetings with the doctors and staff at the hospital, and she visited the other facilities that the doctors worked at more frequently.

Plaintiff testified that she could not visit existing facilities without an introduction first because the facility representatives would not know who she was, though she did call each facility every day to ensure the facilities were satisfied and Defendant’s patients were properly cared for. Plaintiff also testified that she did visit new facilities on her own initiative when the opportunity arose, dropping off pens and cups at new facilities if she saw them while en route to dropping off prescriptions at various facilities, which was one of her job duties. Plaintiff testified to visiting seven to ten of these facilities during the course of her employment, though Dr. Blatt testified that he wanted five visits per week. Plaintiff also called facilities from a list of nursing rehab facilities in the area, sometimes “randomly,” to introduce herself and the company. Plaintiff testified that she did not arrange any meetings with any facility other than those done at the direction of the doctors, that she did not arrange any kind of promotional events, and she did not bring any new clients to Defendant.

At Dr. Chopra’s request, Plaintiff arranged a meeting with Riverwood Rehabilitation, a facility that Defendant previously had a relationship with but that had been lost as a client because of poor communication. Dr. Chopra testified that Plaintiff was late for the meeting, brought the wrong refreshments, and was dressed inappropriately. Plaintiff denies that she was late and brought the wrong refreshments, but acknowledges that Dr. Chopra expressed his concerns regarding her attire. Drs. Chopra and Blatt both testified that the meeting was poorly organized and did not accomplish what it was supposed to.

Plaintiff also attended a meeting with Dr. Blatt at Lifecare of Jacksonville, which was also a facility whose relationship with Defendant had soured because of poor communication. Plaintiff acknowledged that she was late for this meeting. Dr. Blatt testified that Plaintiff was inappropriately dressed, and that the facility administrator was visibly put-off by Plaintiffs attire and conduct. From this incident, Dr. Blatt concluded that Plaintiff did not have the right mindset for her role. Dr.

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Bluebook (online)
712 F. App'x 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirby-mohammed-v-jacksonville-hospitalists-pa-ca11-2017.