O'Neal v. Department of Health & Hospitals, Office of Public Health

118 So. 3d 1238, 2012 La.App. 1 Cir. 1922, 2013 WL 2456198, 2013 La. App. LEXIS 1174
CourtLouisiana Court of Appeal
DecidedJune 7, 2013
DocketNo. 2012 CA 1922
StatusPublished

This text of 118 So. 3d 1238 (O'Neal v. Department of Health & Hospitals, Office of Public Health) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Neal v. Department of Health & Hospitals, Office of Public Health, 118 So. 3d 1238, 2012 La.App. 1 Cir. 1922, 2013 WL 2456198, 2013 La. App. LEXIS 1174 (La. Ct. App. 2013).

Opinion

PETTIGREW, J.

LMarsha O’Neal, a former registered nurse with the Department of Health and Hospitals, Office of Public Health, appeals a State Civil Service Commission decision, denying her appeal and rendering final a decision by the Referee, finding her job termination was supported by evidence of disruptive behavior in the workplace and insubordination (leaving work without authorization). After a thorough review of the record, as well as the arguments raised by the appellant, we affirm.

The Assignments of Error raised by the appellant are, as follows.

1. The trial court1 erred when it made a pretrial ruling that the Appellant did not timely appeal the State layoff and reallocation plan where the record shows that she did.
2. The trial court erred in not finding that the Appellant’s supervisor Avis Gray violated Civil Service Rule 10.6(3) where the record shows that she gave Appellant a “poor” performance rating but failed to supply any documentation even after the Appellant requested it.
3. The trial court erred when it did not consider any of the testimony of the Appellant’s witnesses nor any other evidence presented by Appellant that clearly showed that she had been verbally and physically attacked by her accusers prior to their false statements about her behavior at the work place.
4. The trial court erred when he ruled that the Appellant failed to report to work on May 19, 2011 without approval where the record shows that her supervisor rescinded her first denial of leave for May 19, 2011 and left the decision concerning leave for May 20, 2011 to be made by the floor supervisor who granted the Appellant leave.
5. The trial court erred when it did not find that the Appellant’s supervisors and coworkers retaliated against her when she cited them for improper [1240]*1240behavior for demoting her and for firing her as soon as one day after she told her supervisor that she was applying for disability retirement.

IsFACTS AND PROCEDURAL HISTORY

Notwithstanding any argument raised by Ms, O’Neal, with the exception of Ms. O’Neal’s contrary accounts, the otherwise uncontradicted evidence submitted by the parties established the occurrence of the following incidents, on which Ms. O’Neal’s ultimate termination was based. On April 6, 2009, while Ms. O’Neal was working at DHH’s Marrero Health Clinic, as a Public Health Nurse 5, Ms. O’Neal became angry when she was approached by Lisa Davis, Administrative Supervisor 2,2 with a request to approve a leave request submitted by one of Ms. O’Neal’s supervisees. Ms. O’Neal angrily accused Ms. Davis of trying to “drive a wedge” between the nurses and Ms. O'Neal. Ms. O’Neal got very close to Ms. Davis’s face while Ms. Davis was on the telephone and repeatedly yelled that she was a “liar.” Ms. Davis testified at the hearing that Ms. O’Neal became “really enraged” and that things got “really ugly” when she asked Ms. O’Neal to sign a leave request so that a payroll deadline could be met. In an email dated the next day that she was asked to turn in to their supervisor, Dr. Takeisha Davis, Ms. Davis reported the incident as described above and stated that Ms. O’Neal often treats her with disrespect, and that she makes statements that cause conflict within the staff.

The next documented incident upon which Ms. O’Neal’s termination was partly based occurred on March 25, 2010. This incident also involved Ms. O’Neal and Lisa Davis, but also involved Ms. Rosalind Hawkins, supervisor of Ms. Davis, who was seated at a desk next to Ms. Davis at the time. Ms. Hawkins was very familiar with Ms. O’Neal and described her general behavior in the workplace as “loud,” “aggressive,” and often times “threatening.” On March 25, 2010, Ms. O’Neal came into Ms. Davis’s office “outraged, angry, and agitated” stating that her printer was not working properly and demanding that Ms. Davis fix it right away. Ms. Davis testified that she explained to Ms. O’Neal that she was currently working on a report that had to be finished and that she could not stop at that immediate moment. She testified that she offered Ms. O’Neal several alternative suggestions on how to print what she needed in the meantime, and that she would tend |4to the problem with Ms. O’Neal’s printer as soon as she could. Ms. Davis stated that the entire time Ms. O’Neal was in her office complaining of the printer, she was either sitting intimidatingly close to Ms. Davis, or standing inches beside her in a threatening manner. Apparently, Ms. O’Neal found someone else who was able to get her printer working, because she then returned back to Ms. Davis’s office, infuriated and in a “rage,” going on and on about Ms. Davis’s refusal to help her. Ms. Davis testified that she felt threatened, was extremely frightened there would be a fight, and that she did her best to ignore Ms. O’Neal until she finally left the office. That incident occurred on a Thursday. When Ms. O’Neal returned on Monday, she continued to “harass” Ms. Davis about the printer. At this time, Ms. Davis stated she decided to write a written statement, which she intended to turn in as a grievance against Ms. O’Neal because she “had had enough.” She further described Ms. O’Neal as verbally abusive, “combative, defensive, offensive, and rude.” She also noted that on more than [1241]*1241one occasion, Ms. O’Neal threatened to “take her to court.” Ultimately, she noted that she was frightened of Ms. O’Neal and did not wish to work with her any longer.

Following the foregoing incident, Ms. O’Neal and Ms. Davis met with Mary Triggs, the Facilities Manager and supervisor of Ms. Davis. However, Ms. Davis stated that she left the meeting shortly after it began, against the wishes of her supervisor, because she was unable to speak. Ms. Triggs asked Ms. O’Neal for her version of events, then when it was Ms. Davis’s turn to speak, Ms. O’Neal began to repeatedly and incessantly call her a liar. Feeling nothing would get accomplished at the meeting, Ms. Davis left.3

On May 24, 2010, Ms. O’Neal submitted an application for disability retirement benefits to Avis Gray, as the Region 1 Public Health Regional Supervisor, which application she later withdrew.

liiOn December 12, 2010, a comprehensive layoff plan (which eliminated approximately 50 percent of the workforce) implemented by DHH became effective, pursuant to which Ms. O’Neal was demoted from a Public Health Nurse 5 to a Public Health Nurse 3. Prior to the implementation of said plan, on November 12, 2010, Ms. O’Neal had received a letter from the assistant secretary of DHH, informing all employees of the impending and proposed layoff plan being implemented as a result of the Fiscal Year 2011 budget reductions.

In response to that notice, on November 18, 2010, Ms. O’Neal wrote a letter to the secretary of DHH, Shannon Templet, and the assistant secretary, Clayton W. Williams. In that letter she expressed concern “as to how decisions were made with respect to positions being abolished which are similarly situated.” She then detailed that the plan would abolish her Public Health Nurse 5 position and offer her a demoted position of Public Health Nurse 3, while at the same time, another employee with less time of service was being offered a relocation position at the 5 level, rather than the 3 position offered to her.

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Cite This Page — Counsel Stack

Bluebook (online)
118 So. 3d 1238, 2012 La.App. 1 Cir. 1922, 2013 WL 2456198, 2013 La. App. LEXIS 1174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-department-of-health-hospitals-office-of-public-health-lactapp-2013.