MARSHALL - A nurse for 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, according to the lawsuit.
The suit states that shortly thereafter, McMillen was terminated from her position allegedly due to downsizing and for insubordination.
She claims that the defendant retaliated against her for filing a workers compensation claim, terminated her to due to age and her high salary and retaliated against her due to her expressing her opinions with regard 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