United States District Court, D. Columbia.
DONNA A. RIDLEY, Plaintiff,
VMT LONG TERM CARE MANAGEMENT, INC., Defendant
DONNA A. RIDLEY, Plaintiff, Pro se, Washington, DC.
For VMT LONG TERM MANAGEMENT, INC., Defendant: Robert Bruce Wallace, LEAD ATTORNEY, Callyson Taylor Grove, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, Washington, DC.
EMMET G. SULLIVAN, United States District Judge.
This matter is before the Court on Defendant VMT Long Term Care Management, Inc.'s Motion to Dismiss Plaintiff's Complaint [ECF No. 6]. For the reasons discussed below, the motion will be granted.
Plaintiff, an African American woman, Compl. ¶ 3, was employed by defendant VMT Long Term Care Management, Inc. (" VMT" ), id. ¶ 4, as a home health aide from August 2004 until her termination on December 19, 2012, id. ¶ 5. Preceding plaintiff's termination was an incident at the Washington Hospital Center, described by a VMT representative as follows:
[The] Clinical Administrator for VMT received an email on December 14, 2012 from . . . the [Emergency Department] Charge Nurse at Washington Hospital Center. The email stated that [plaintiff] brought the patient for whom she was caring to the Emergency Department and immediately left the premises without giving a report on the patient. The patient was not conscious and therefore [was] unable to speak for herself. [Plaintiff] was asked to stay with her patient by the Triage Nurse to which [plaintiff], according to the Nurse's account and by her own admission replied " you all can take care of her" . [Plaintiff] then proceeded to leave the premises to deliver an inservice that she completed for the Home Health Aide of another agency. By [plaintiff's] own admission,
she was gone at least 30 minutes . . . .
Upon [plaintiff's] return to the [Emergency Department], she was informed that she acted inappropriately by leaving her patient unattended when she had been specifically asked not to do so. [Plaintiff] proceeded to verbally accost the Triage Nurse by telling her " to shut her f__ ing mouth" and that she would " wait outside" for her.
Compl., Ex. (Employee Counseling Record dated December 19, 2012). Plaintiff was charged with client abandonment, conducting personal business during work hours, and engaging in heated arguments or outburst in front of clients. Id., Ex. (Employee Counseling Record). On December 19, 2012, " VMT terminated [plaintiff's] employment." Id. ¶ 5.
Plaintiff asserts that " [t]he reasons for the termination were not true." Compl. ¶ 6. She alleges that " [a] white employee at Washington Hospital Center had called [her] racially derogatory names," id., and that this same employee " made false allegations against [her] including falsely accusing her of abandoning a patient," id. ¶ 7. Plaintiff alleges that, " [b]y firing her for false reasons that VMT knew were related to her race, VMT violated [her] rights under 42 U.S.C. [§ ] 1981." Id. ¶ 9. She demands judgment in her favor, compensatory damages, ...