Caregiver Pushed Client: Firing Upheld By Court
Legal Eagle Eye Newsletter for the Nursing Profession
October 1998
Quick Summary: The employee had been warned to use greater care in escorting clients without pushing them, was given a copy of the policy manual that detailed how to escort clients without pushing them, and had been advised that inappropriate client interaction could result in dismissal, the court pointed out.
The New York Supreme Court, Appellate Division, ruled that a facility for developmentally disabled adults was within its rights to fire a habilitation specialist for pushing a client while escorting the client into the restroom.
Claim of Lerman, 675 N.Y.S. 2d 230 (N.Y. App., 1998).