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1 his role as Pathology Chairman, was expected to serve as the medical director for the anatomic
2 pathology service and clinical laboratories at KMC, and report to the KMC Medical Director.
3 3. Defendant Kern County placed Plaintiff’s initial salary level at Step C.
4 4. On October 5, 2002, Plaintiff executed a second employment contract which called for a term
5 ending October 4, 2007. The contract provided that, as a Core Physician, Plaintiff must perform certain
6 services as set forth in Exhibit A.
7 5. Plaintiff returned to work as a staff pathologist at KMC on October 4, 2006.
8 6. In a letter to David Culberson dated December 13, 2006, Plaintiff informed hospital
9 administration that he had notified outside authorities of alleged violations. Plaintiff remained on
10 administrative leave until his contract expired on October 4, 2007.
11 7. The County employed Plaintiff and the County is a “government agency.”
15 11. The County explicitly, in writing, approved Plaintiff’s first “FMLA” leave request.
16 12. Plaintiff took a second FMLA leave of absence after he submitted a second Request For Leave
17 Of Absence form on April 26, 2006. In his second request (April 26, 2006), Plaintiff asked that his
18 initial leave be extended. Then, after his meeting with Bryan and others on April 28, 2006, he was
19 granted full-time FMLA leave until June 16, 2006.
20 13. Plaintiff was on FMLA leave at minimum through the “06-09” pay period, which spanned from
23 April 16, 2006, by providing him with the reduced work schedule medical leave” that he had requested.
24 15. At all material times, Defendant Kern County was a local public entity within the meaning of §§
25 811.2 and 900.4 of the Government Code and is operating in Kern County, California
26 16. During the entire course of Plaintiff’s employment, Defendant Kern County has continuously
27 been an employer within the meaning of FMLA [29 C.F.R. § 825.105(C)], CFRA [Gov’t Code §
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1 12945.2(b)(2)] and FEHA (Gov’t Code § 12926(d)] engaged in interstate commerce, and regularly
2 employing more than fifty employees within seventy-five miles of Plaintiff’s workplace.
3 17. Plaintiff was an employee of Defendant Kern County from October 24, 2000, to October 4,
4 2007.
5 18. Plaintiff is a pathologist whom Defendant County hired as a pathologist at KMC and appointed
14 compensation.
15 23. Defendant County placed Plaintiff on paid administrative leave on December 7, 2006.
16 24. Any acts or omissions of the County were under color of law.
17 25. Plaintiff exhausted all adequate administrative remedies for all of his claims.
18 26. At all times from 10/17/05 to 10/4/07, Defendant Kern County acted or omitted to act through its
22 29. The Joint Conference Committee (“JCC”) is the highest decision-making body at KMC,
23 comprised of two members of the Board of Supervisors of Kern County, the Chief Executive Officer,
24 the President of the Medical Staff, the Immediate Past President of the Medical Staff, the President-elect
25 of the Medical Staff, the Chief Medical Officer, the Nurse Executive, etc.
26 30. Bernard Barmann was County Counsel for Defendant Kern County from 1986 to March, 2009.
27 31. Karen Barnes is Chief Deputy County Counsel for Defendant Kern County.
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1 32. Peter Bryan was Chief Executive Officer of KMC, and a voting member of the Joint Conference
6 35. Philip Dutt, M.D., was Acting Chair of Pathology at KMC from 7/14/06 to 1/09, and is currently
11 38. Eugene Kercher, M.D., was President-elect of the KMC Medical Staff from 7/1/02 to 7/1/04,
12 President of the KMC Medical Staff from 7/1/04 to 7/1/06, Immediate Past President of the Medical
13 Staff from 7/1/06 to 7/1/08, is currently the Chief Medical Officer of KMC, and has been a voting
14 member of the JCC since 2002. He has also been Acting Chair of Pathology of KMC from 1/09 to
15 present.
16 39. Marvin Kolb, M.D., was Chief Medical Officer of KMC from 1999 to 8/3/04.
18 41. Joseph Mansour, M.D., is a gynecologist at KMC, a core physician, and a member of the medical
19 staff.
20 42. Maureen Martin, M.D., is Chair of Surgery at KMC.
21 43. Gilbert Martinez was the manager of laboratory services at KMC from 1981 to 6/13/08.
22 44. Albert McBride, M.D., is a urologist at KMC and whether he was the Cancer Committee Liaison
25 46. Mark Nations is Chief Deputy County Counsel for Defendant Kern County.
26 47. Steven O’Connor was Interim Director of Human Resources of KMC from June 2006 to June
27 2007 and Director of Human Resources of KMC from June 2007 to the present.
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1 48. Barbara Patrick was a member of the Board of Supervisors of Kern County from 1994 to 2007
6 17, 2007.
7 51. Scott Ragland, D.O., was President-Elect of the KMC Medical Staff from 7/1/04 to 7/1/06 and
8 President of the KMC Medical Staff from 7/1/06 to 7/1/08, and a voting member of the JCC from 2004
9 to present.
10 52. William Roy, M.D., was Chief of the division of Gynecologic Oncology at KMC from early
13 54. Toni Smith is Chief Nurse Executive of KMC, and a voting member of the JCC.
14 55. William Taylor, M.D., was a surgeon, core physician and member of the medical staff at KMC
15 until 12/6/08.
16 56. Raymond Watson was a member of the Board of Supervisors of Kern County from 2002 to the
24 Housing on August 3, 2006. [Doc. 15, Exhibits to the First Amended Complaint at Exhibit 4, DFEH
25 Complaint].
26 60. Plaintiff served his Department of Fair Employment and Housing Complaint conformed on
27 August 3, 2006 by mail on Defendant County of Kern on August 3, 2006. [Decl., Eugene Lee @ ¶ 3].
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1 61. Plaintiff's First Amended Complaint was filed herein and served on Defendant on January 8,