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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

KATHY COOPER v. HARBOUR INNS OF BALTIMORE, INC., et al.

: : : CIVIL NO. L-98-2173 : : :

MEMORANDUM Before the Court are Defendants' Motions for Summary Judgment, Plaintiff's Motion for Summary Judgment, and Plaintiff's Motion for an Order to Show Cause. Because the

parties have thoroughly briefed the issues, the Court will dispense with a hearing. 1999)). (See Local Rule 105.6 (D. Md.

For the following reasons, the Court shall, by

separate Order, (i) DENY the plaintiff's Motion for an Order to Show Cause, (ii) GRANT in part and DENY in part the plaintiff's Motion for Summary Judgment, and (iii) GRANT in part and DENY in part the defendants' Motions for Summary Judgment. I. Background This dispute arises out of the termination of Plaintiff Kathy Cooper's employment with Defendant Harbour Inns, Inc. ("Harbour"). Harbour Inns runs a geriatric nursing home Ms. Cooper

located at 1213 South Light Street in Baltimore.

was employed at the Harbour Inns facility beginning in 1982,1 first as a geriatric nursing assistant, and then later as a certified medical technician. Cooper usually worked the evening shift, from 3 to 11 P.M. Her supervisor during this time was Defendant Shirley As is clear from the record, Cooper and Wright did Cooper believed that Wright assigned her

Wright.

not get along.

menial tasks and degraded her in front of her colleagues. (See Cooper Dep. at 80-90.) Cooper also stated Wright

referred to her on at least two occasions as a "bitch." (Id. at 130, 155, 398.) Rosalee Turner, one of Cooper's co-

workers, confirms that Wright was a demanding, and at times difficult, supervisor who appeared to have a dislike for Cooper. (See Turner Dep. at 6-7.)

On December 27, 1997, the tension between Wright and Cooper came to a head. P.M. shift that day. Cooper was working her regular 3 to 11 Wright, as usual, was her supervisor.

Wright was notified that one of the licensed practical nurses (LPNs) for the overnight shift (11 P.M. to 7 A.M.) was ill and would not be able to work. Under these circumstances, Harbour

During Ms. Cooper's tenure, the Light Street facility passed through several different owners. The current owners, who are among the defendants in this case, took control in the early-1990s. 2

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Inns's policy is to have employees work overtime to cover for the absent employee. Wright consulted with Defendant Jocelyn Together, they determined

Oliver, the Director of Nursing.

that Cooper and another CMT could work overtime and cover for the absent LPN.2 (See Oliver and Wright Affs.)

Wright left Cooper a message asking Cooper to contact her. At approximately 9:45, Cooper came to see Wright at the Wright was seated inside a wide circular

nurses station. desk.

When Wright asked Cooper to work a double shift that

night, Cooper refused, stating that it was too late and that she had already made plans. At that point, Cooper alleges

that Wright pointed her fingernails in Cooper's face,3 called her "bitch," and said she was "tired of her." seated. Wright remained (See

Cooper backed away from the desk and left.

Cooper Dep. at 154-56.)

An LPN is qualified to do more technical work than a CMT. Oliver and Wright believed that two CMTs could provide sufficient patient care to allow the other nursing staff to cover for the absent LPN. Although Plaintiff states that Wright's fingernails were ten inches long (see Pl. Mem. Opp. Summ. J. at 4), Cooper testified at deposition that the nails measured only three inches. (See Cooper Dep. at 154.) Rosalee Turner, Cooper's co-worker, stated that Wright had a habit of "shaking her fingernails in your face and trying to belittle you." (See Turner Dep. at 6.) 3
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Wright then called Oliver to inform her of Cooper's refusal to work. Oliver instructed Wright to have Cooper

leave for the evening and report to Oliver the following Monday. Wright then caught up with Cooper, who had returned During

to her duties, and told her to leave the building.

this exchange, Wright placed her hands on her hips, and stood quite close to Cooper. (See Cooper Dep. at 158.) Cooper

backed away, retrieved her belongings, and proceeded to the basement to check out. Wright followed her closely.

According to Rosalee Turner, who witnessed the incident, Wright remained within inches of Cooper as Cooper left the building. On December 29, 1997, Cooper met with Oliver and Mary Gadd, Assistant Director of Nursing. for five days. 1998. Oliver suspended Cooper

Cooper was to return to work on January 3,

Cooper called in sick, however, on January 3, and also On January 7, 1998, Cooper spoke

on several days thereafter.

with Oliver and was granted a medical leave of absence until January 19, 1998. Oliver Aff.) (See Harbour Mem. Supp. Summ. J. Ex. 7A;

Oliver instructed Cooper that she was to return

to work on January 20, 1998, or to provide a doctor's slip

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stating she would need to extend her medical leave.4

On

January 14, 1998, Cooper filed an assault complaint against Wright with the Baltimore City Police Department.5 The parties dispute what occurred next. According to the

plaintiff, she had her brother, Larry Cooper, take a doctor's slip to Harbour Inns, stating she was unable to return to work. (See Cooper Dep. at 223.) Cooper also states she

called Oliver on January 19 to tell her she was too ill to work. (See id. at 223-24.) Oliver and Harbour Inns state

that they never received any slips or phone calls. Cooper did not return to work on or after January 20. Under Harbour

Inns' employment policy, called "no-call, no-show," an employee who does not show up for work and who does not call in for two consecutive days is deemed to have voluntarily resigned. employment. On January 23, 1998, Oliver terminated Cooper's (See Harbour Inn's Mem. Supp. Summ. J. Ex. 7A.)

Cooper next spoke with Oliver on February 3, 1998, at which time Oliver informed her that she had been terminated on

Cooper asserts that she took extended medical leave in 1991 and only had to provide one doctor's slip upon her return. On February 17, 1998, a hearing was held on the complaint, but the matter was not pursued further. The parties have provided no further information concerning the outcome of the criminal assault complaint. 5
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January 23 for failing to explain her absence from work from January 20-22. (See Cooper Dep. at 236-37, 324.)

On February 13, 1998, Harbour Inns issued a final paycheck to Cooper for $1,553.64, representing the balance of her work performed and her accrued vacation pay. Burroughs Aff. and Ex. A.) (See

Cooper cashed the check.

According to Cooper and her brother, Larry Cooper delivered doctor's slips on several occasions during January and February 1998. (See Larry Cooper Dep. at 19.)

On March 18, 1998, Cooper sought medical treatment from a Kaiser Permanente physician.6 The physician's receptionist,

Lisa Prioleau, informed Cooper that her medical insurance had been terminated as of February 28, 1998. received notification of the termination. upset by the news. (See Prioleau Aff.) Cooper had never She was greatly That same day, Cooper

contacted her attorney, who in turn contacted Toni Burroughs, Harbour Inns's personnel director. Burroughs recognized that

she had made an error in terminating Cooper's insurance without notifying her, and therefore reinstated the coverage effective March 24. Burroughs mailed the notification of

continuing coverage eligibility to Cooper on March 31, 1998.

Cooper received health insurance through Kaiser Permanente as an employee of Harbour Inns. 6

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Although Cooper did not respond to the letter, Harbour Inns continued to provide Cooper with health insurance at Harbour's expense until August 1998. (See Burroghs Aff.) Her

Cooper filed the instant suit on July 7, 1998. complaint is divided into five counts.

Count I charges

Harbour with nonpayment of wages in violation of Md. Code Ann. Lab. & Empl.

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