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Doyle Dennis Avery LLP Vs. Elik Dialysis Home Therapy – Memorial, Inc Improper Termination of Texas Nurses



Texas employers often tell their employees that they are working “at-will” in order to suggest that they may take any action against them, including firing them for any reason. However, Texas law provides protections to a variety of employees, including health care workers who suffer from retaliation, termination, or firing by their employer. Doyle Dennis Avery LLP ’s lawyers have dedicated years to protecting employees across the United States. Based upon this experience, Doyle Dennis Avery LLP was hired to file suit against Elik Dialysis Home Therapy – Memorial, Inc. for alleged violations of the Texas Labor Code, Section 301.413. The suit was filed last week in Harris County, Texas.

Elik provides dialysis services to patients who require kidney disease management. Elik’s dialysis procedures involve the use of reverse osmosis machines to clean patients’ blood. Because patients’ blood comes in contact with the dialysate solution, the water used to make the dialysate must be extremely clean. Earlier this year, three Elik employees began reporting to Elik that they believed Elik’s reverse osmosis machines were not cleaned properly and would consequently endanger patients’ health. Elik failed to take action. For seven months, Elik received complaints about the cleanliness of their machines and still did nothing. Instead, Elik fired the three employees, claiming false bases for their terminations.

Last week, Doyle Dennis Avery LLP filed suit against Elik for violating the Texas Labor Code. According to Section 301.4025 of the Texas Labor Code, an employer may not retaliate against a nurse who reports in good faith that she had reasonable cause to believe that a given situation exposed a patient to substantial risk of harm. Thus, the three Elik employees pursued protected activity under the Texas Labor Code.

Doyle Dennis Avery LLP is proud to represent employees who were wrongfully terminated by their employer. If you have experienced discrimination or wrongful termination, call us for a free evaluation of your potential legal claim.