This week in Portland, Oregon, Deanna B. testified against her former employer, Brookdale Senior Living, Inc. (NYSE: BKD). Ms. Bettencourt used to provide care for residents of Wynwood Mt. Hood, an assisted living facility. Like other such facilities and nursing homes in Oregon, Wynwood Mt. Hood has been cited for abuse and neglect because it employed too few employees to care for residents.
During Deanna's tenure, the assisted living facility served 82 residents. Brookdale promised those 82 residents services that would take a full page to list, including meals, laundry, help getting to appointments, help getting to the toilet (or cleaning up when help came too late), help with pets, medication, etc. Last year, the State of Oregon cited Brookdale when resident needs were not being met because it employed only two people on night shift for all residents. Obviously, when both employees were needed to help someone get to the bathroom, no one was available to assist any of the other 81 people.
The stingy ways of the Executive Director included altering the time cards of employees without their knowledge. Deanna complained about it. She challenged the integrity of her boss, repeatedly. Her boss then changed her working situation, wrote her up for things, and fired her. We sued, alleging that the company retaliated against Deanna for making her wage claims and accusing the company of stealing from her.
During the litigation, we have discovered other practices that we believe are improper. For example, those three employees on night shift must remain on call, even during their meal periods. They cannot take lunch or dinner in their cars. Employees remain on call to assist residents. Yet, despite being on call, Brookdale Senior Living does not pay them for their on-call time. We believe that violates wage statutes and is more evidence of how the company does whatever it can to reduce costs, whether or not proper. See, OAR 839-020-0004(20) & 839-020-0041.
I've sued assisted living facilities / nursing homes before, and I've learned too much to remain naive. I've told my wife that if I ever need to be in one long term, please leave a gun under my pillow. I'd rather kill myself than live in some of these places, in which the facility does not keep all of the bright promises made to prospective residents and their loved ones.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
