Employee Fired Before Her First Day OK

Frank Kollman
Frank Kollman
12/01/2011

A woman was hired to work as a nurse, but before she could start, a doctor the surgery center wanted to hire found out that she was going to work there.  Without saying why, the doctor said he would not work in the same office with her.  The center, wanting the doctor badly, fired the nurse before she could start.

The nurse, apparently, had testified against the doctor in a sexual harassment case at another facility.  She alleged that this termination was, therefore, unlawful retaliation.  In large part because the surgery center did not know why the doctor could not work with her, the court found the retaliation argument unconvincing.  Wood v. Outpatient Surgery Center Inc., No. 3:10-cv-3114 (W.D. Ark., November 28, 2011).

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