Facts: CD was terminated from his employment with a hospital and then reported to TMB. He was never orally advised as to why he was being terminated. However, his termination notice indicated that it was due to record deficiencies and billing errors. However, once TMB turned over all of the hospital’s evidence it became evident that the hospital had conducted two separate investigations into CD’s conduct. The evidence appeared to notate that these deficiencies and billing errors were found but included no evidence as to how they were discovered or any details as to the issues.
Outcome: The firm drafted a rebuttal using TMB’s evidence to argue that there was no rational basis for the termination. During the ISC, the firm argued that although the hospital concluded that errors occurred, they provided no records or data for how they came to this conclusion. Nothing within the evidence detailed any actual errors and it seemed that the hospital just made these statements without any evidence to support them. Based on this lack of evidence the firm argued that the matter should be dismissed. TMB agreed and dismissed the complaint.