SE Texas Record

Sunday, January 19, 2020

Nurse sues hospital for wrongful termination

By Michelle Keahey, East Texas Bureau | Jul 10, 2012


MARSHALL - A nurse at a Nacogdoches Hospital has filed a wrongful termination lawsuit that claims she was fired for speaking out against the hospital's downsizing.

Kathryn McMillen filed suit against Nacogdoches County Hospital District, doing business as Nacogdoches Memorial Hospital, on July 5 in the Eastern District of Texas, Marshall Division.

McMillen was hired by the defendant in 1998 as a nurse for their intensive care unit. In July 2011, she injured her back while pushing a patient up a ramp.

Shortly thereafter, McMillen was terminated from her position allegedly due to downsizing and for insubordination, according to the suit.

She claims that the defendant retaliated against her for filing a workers compensation claim, terminated her to due to age and higher salary, and retaliated against her due to expressing her opinions regarding to employment with the defendant.

The defendant is accused of wrongful termination, violation of McMillen's free speech and age discrimination.

The plaintiff is asking the court for an award of damages for back pay, mental anguish, liquidated damages, punitive damages, attorney's fees, interest, and court costs.

McMillen is represented by Warren T. McCollum of Fenley & Bate L.L.P in Lufkin.

A jury trial is requested.

Case No. 2:12-cv-00392

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