An agreement has been reached, between Spokane Regional Health District ("SRHD") and a former health officer, Dr. Bob Lutz, to settle his wrongful termination lawsuit for $1.65 million.

Lutz alleges he was terminated after a meeting with SRHD administrative officer, Dr. Amelia Clark, in October 2020. He alleges the termination was unlawful and followed pressures brought against him to ease COVID-19 restrictions. This included his being instructed to limit his public statements condemning racism.

Lutz also alleged he was not given proper notice or a hearing before his termination - in violation of both state law and SRHD policy.

Lutz originally sought $1.4 million for lost wages. The settlement, paid by SRHD's insurer, resolves the lawsuit for an increased amount - $1.65 million.

Source: https://www.khq.com/news/spokane-regional-health-district-pays-1-65-million-to-settle-lawsuit-about-covid-era-firing/article_9450dee7-c6c4-4cf3-9671-524dc296fddb.html; https://www.khq.com/news/former-srhd-health-officer-sues-spokane-regional-health-district-over-alleged-wrongful-termination-defamation/article_373ba8ec-8b6a-11ec-be71-a3160cc2aff7.html

Commentary

Behaviors and documentation prior to a termination will be examined as part of any wrongful termination lawsuit. When managers and supervisors document the wrong things, or document poorly, they create risk.

Written instructions to violate law or to stop engaging in protected activity are not just small missteps. They become discoverable evidence that can lend support to a plaintiff's claims.

For these reasons, employment practices risk cannot simply be managed at the point of termination. By the time a termination decision is made, the documented record already exists and can reduce or increase risk.

In order to help avoid termination risks, consider the following:

· Train managers and supervisors that any written pressure or instruction for an employee to halt protected speech, omit safety reports, or ignore clinical judgment is a risk

· Require human resources approval before any communication that could be construed as instructing an employee to stop, soften, or delay statements

· Always create documentation that is objective and accurate. Imagine what you write could be displayed in a court room on a large screen someday.

· Consult with local legal counsel to ensure any corrective instructions do not violate federal, state, or local laws

The final takeaway is wrongful termination risk can depend heavily on the paper trail. Taking care documentation is accurate can help reduce the risk.