DISMISSED EMPLOYEE WINS REINSTATEMENT WITH FULL BACK PAY AND ATTORNEY FEES.
In the Initial Decision of an Administrative Law Judge in the matter of Daniel Wilkinson v. Ancora Psychiatric Hospital, Judge Elia Pelios, ALJ issued a 27 page Opinion vindicating the rights of fired employee, Daniel Wilkinson following Wilkinson’s dismissal due to charges of patient abuse at Ancora Psychiatric Hospital. Following a multi-day trial, the Administrative Law Judge noted that the videotape evidence presented against Wilkinson was insufficient to prove patient abuse and in fact, testimony corroborated that Mr. Wilkinson properly applied the hospital approved Handle with Care techniques to diffusing an incendiary situation at 5:00 a.m. in a crowded Psychiatric Ward dayroom.
Judge Pelios indicated that the record reflected that Wilkinson received extensive training on how to respond if attacked by a patient and concluded that the employee properly followed these techniques in an emergency situation. The Judge concluded that the video did not indicate retaliation and he further noted that the Charge Nurse testified that she ordered Mr. Wilkinson to restrain the patient after the patient grabbed Mr. Wilkinson’s keys (a potential weapon) during a 5:00 a.m. file drill in a crowded dayroom of psychiatric patients. The Opinion is attached.
