Court holds that jury could reasonably find that Woodlands Senior Living of Brewer illegally retaliated against Maine Employee Rights Group’s client

This week, the Maine Employee Rights Group scored a victory for its client in a whistleblower case that we filed against Woodlands Senior Living of Brewer. The Penobscot County Superior Court held that a jury could reasonably find that Woodlands retaliated against our client, who worked for Woodlands as a Certified Residential Medication Aide, because she blew the whistle on conditions that were detrimental to the health and safety of residents.

Our client began working at Woodlands in November 2012. She received regular pay raises during her time at Woodlands. In January 2014, she received a positive performance evaluation. After that, she raised concerns about resident care. For instance, she reported finding a resident covered in urine and feces and also residents not being fed. On May 4, 2014, our client told Woodlands management that she intended to file a complaint with the Department of Health and Human Services. The next day, Woodlands fired her.

Woodlands moved for summary judgment in this case arguing, among other things, that it was legally permitted to retaliate against our client for her reports of problems with resident care because her job duties required her to report her concerns. The court rejected Woodlands’ argument. The court held that a jury could reasonably determine that our client reported the problems with resident care out of a concern for the health and safety of the residents. And the jury, thus, could reasonably find that firing our client for her reports about resident care issues violated Maine’s Whistleblower Protection Act.

The Maine Employee Rights Group is committed to holding employers accountable when they retaliate against whistleblowers. We have decades of experience litigating cases under Maine’s Whistleblower Protection Act. If you are considering blowing the whistle on your employer’s unlawful or unsafe activities, or you have already blown the whistle and have experienced retaliation, contact the Maine Employee Rights Group to learn more about your rights.