Perry v. Schumacher Grp. of La (Summary)

DISCRIMINATION/WRONGFUL TERMINATION

Perry v. Schumacher Grp. of La., No. 2:13-cv-36-FtM-29DNF (M.D. Fla. Mar. 13, 2014)

The United States District Court for the Middle District of Florida granted an ER staffing group’s motion to dismiss a female, African-American physician’s claims of racial discrimination, gender discrimination, retaliation, trade libel, negligence, breach of contract, and breach of implied duty of good faith and fair dealing, finding that the physician failed to adequately allege her claims. The physician alleged that she was not treated equally to her male, Caucasian counterpart and that certain officers of the health group had issues with her because of her race and gender, falsely claiming that she was not acting in compliance with her role. Eventually, the group terminated the physician’s employment, giving her the required 60 days’ notice, but then informing her that her last shift would occur before the 60 days were over.

The court found that the physician had failed to state a claim of negligence.  She could not adequately allege – as required by Florida law to state a claim of negligence – that she was permitted to recover on the theory of supervisory authority, that the breach of the agreement created a foreseeable zone of risk, and that there was a misrepresentation of material fact or that she justifiably relied upon the misrepresentation.

The court also found that the physician failed to state a plausible claim for breach of contract because the agreement rendered her unable to rely on the general principles governing a claim for breach of contract as it imposes duties and obligations on the physician.  The court reasoned that she could assert a breach of contract claim under the doctrine of prevention of performance; however, the physician failed to allege that the group attempted to avoid liability under the agreement or perform any of its obligations under the agreement.  Finally, the court found that the physician failed to allege a breach of the contract because she simply alleged that the health group failed to comply in good faith with the agreement, which is not a plausible claim for breach of the implied duty of good faith and fair dealing.