Case details

Plaintiff quit because of decreased pay and hours, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Plaintiff Wendy Peiffer, a registered dental hygienist, was part of the staff that was retained when a dental practice was purchased by Dentist James Snow and Registered Dental Hygienist Charles Shapley, who formed Snow & Shapley Dental Office Inc. and was doing business as Ocean Beach Dental. Peiffer ultimately resigned after working for the new owners for a total of four days, spanning a little more than two weeks. She claimed that she was forced to resign rather than violate public policy. Peiffer sued Snow & Shapley Dental Office Inc., doing business as Ocean Beach Dental; Charles Shapley RDH; and James Snow DDS. Peiffer alleged the defendants’ actions constituted constructive discharge in violation of public policy and intentional infliction of emotional distress. Peiffer claimed that during her brief stint working for the new owners, she was required to falsify patient dental records by changing material facts, specifically increasing the periodontal pocket readings to indicate the need for deep cleanings, scaling and root planning. She also claimed she was required to perform unnecessary dental procedures and intentionally make false statements to patients about material facts related to dental treatments they required. Peiffer further claimed she was required to diagnose and create treatment plans for patients without the supervision of a dentist. She alleged that on her first day of work, Shapley told her that she needed to “step it up” and “fudge” her charting so that the practice could bill for unnecessary procedures to generate additional revenue. Peiffer claimed that those requirements jeopardized her license as a registered dental hygienist, and that they were so intolerable that any reasonable person in her position would have resigned as well. Snow and Shapley denied all of the allegations, and claimed that the documentary evidence presented indicated that the treatments and diagnoses were proper, based on the charts and dental records. They further claimed that Peiffer failed to complain to Snow, the majority owner, about the alleged illegal activities she was asked to perform. In addition, defense counsel contended that Peiffer admitted that she complained to the previous practice owner, who was retained for continuity purposes, that she was thinking of resigning because the new owners had “cut her pay and her hours,” and not because of any alleged illegal conduct., Peiffer claimed that she suffered emotional distress as a result of the new owners’ intolerable requirements and constructive discharge. Thus, she sought in excess of $50,000 for her lost earnings, and pain and suffering. Defense counsel argued that Peiffer voluntarily resigned from her position and, therefore, was owed zero damages.
COURT
Superior Court of San Diego County, San Diego, CA

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