Diederich v. Providence Health & Servs. – Aug. 2015 (Summary)

RETALIATION CLAIM – RESIDENT

Diederich v. Providence Health & Servs., No. 13-35494 (9th Cir. Aug. 5, 2015)

The United States Court of Appeals for the Ninth Circuit reversed in part a district court’s order for summary judgment in favor of a residency program, holding that comments made by the director of the family practice residency preceding a series of adverse actions against a resident presented sufficient evidence to establish a prima facie claim that the resident was being retaliated against because of a prior lawsuit. However, the court of appeals affirmed summary judgment for the program with regard to the resident’s claim that he was retaliated against for leaving work while sick and requesting vacation time, noting it was “clear from the record” the resident was disciplined for not following protocol to provide adequate coverage of his patients and for not notifying his attending physician of his absence. Additionally, the court held that requesting vacation time was not a protected activity under the Washington Law Against Discrimination.

The court of appeals affirmed the dismissal of the resident’s wrongful termination claim, holding the resident failed to establish a causal connection between his taking sick leave and any adverse employment action and failed to assert a basis in public policy protecting an employee’s choice to leave work without ensuring the work will be handled by someone else. With regard to the resident’s contract-damage appeal, the court of appeals dismissed the claim as moot, noting the resident had voluntarily dismissed the claim with prejudice in the district court. Lastly, the court of appeals affirmed the dismissal of the tortious interference claim, noting evidence of the resident’s one-year residency contract with no promise of completing the program failed to allege facts that could establish valid business expectancy.