Another Oak Hill lawsuit

Former Oak Hill Assistant Director of Nursing Jennifer Morgan has filed a lawsuit against Monroe County alleging leadership at the county-owned senior care facility violated the Illinois Human Rights Act through retaliation and, ultimately, her termination after she reported sexual harassment by former administrator Brian Koontz.

The filing comes following Koontz’s resignation in 2021, as well as a 2022 lawsuit filed by former Oak Hill Director of Nursing Susan Nordhaus for alleged retaliation and termination after reporting what she believed to be fraudulent activity.

Morgan’s June 12 filing opens with several items of background information, one major detail being that Morgan filed a discrimination charge with the Illinois Department of Human Rights shortly after her termination.

On or around May 1 of this year, the department concluded there was “‘substantial evidence’ that multiple civil rights violation(s) were committed” by the county against Morgan.

Moving into the allegations, the civil filing notes Morgan worked for the county through Oak Hill and received at least two promotions prior to her termination.

The document goes on to say that about Aug. 27, 2021, a fellow employee confided to Morgan that she was being sexually harassed by a manager, specifically Koontz.

Morgan reported this harassment to Monroe County Human Resources Specialist Missy Whittington.

Several days later, Morgan described to her doctor how the situation was causing her anxiety. Her doctor then prescribed anxiety medication.

Koontz was, as a result of Morgan’s report, later placed on administrative leave and ultimately resigned.

Also during this time, the investigation into Koontz’s behavior allegedly uncovered wrongdoings of then-Oak Hill Director of Nursing Nordhaus, who was also placed on administrative leave and ultimately terminated shortly after Koontz’s resignation.

The filing then outlines how Morgan was allegedly “retaliated against and bullied” via circulation of hateful social media posts and other comments by colleagues and Nordhaus issuing a “malicious, falsely manufactured complaint” against her.

Along with the rest of the retaliation, the filing notes that, despite her “pristine record,” Morgan found herself being unfairly criticized and was told she would not be allowed any promotions.

Around mid-September, Morgan reported this retaliation to then-interim administrator Kim Keckritz, who allegedly told her she wouldn’t be promoted again, no one likes her and she would be better off working elsewhere.

The filing also states Keckritz told her the administrative team didn’t support Morgan, though she was unable to identify any shortcomings in Morgan’s work.

Further, the filing states Nordhaus “flatly defamed” Morgan in September 2021 during a meeting of the Monroe County Board of Commissioners, during which Nordhaus claimed Morgan engaged in Medicare fraud.

On reporting this to Keckritz, Morgan was “told not to worry about it because nobody really thinks (Morgan) did it.”

Morgan’s anxiety medication was later doubled after this incident, and, toward the end of September, she told Keckritz she would be fighting back against the retaliation as she was “being punished for doing the right thing and reporting the sexual harassment.”

A new director of nursing, Shandra Goersch, was announced Oct. 4, 2021, though the filing says Morgan continued to be verbally attacked. Morgan once again reported the harassment and retaliation.

On or around Oct. 19, Morgan claims to have had a “severe panic attack” due to the retaliation. Around this time, she told Goersch she’d be unable to educate the staff on corporate compliance given her situation.

After telling Keckritz this the next day, she was told she should look for another job given how she felt. She was also told to take a few days off before seeing her doctor.

According to the filing, Keckritz also told Morgan Goersch didn’t know if Morgan “could even do her job anymore,” although Morgan insisted it was because she was being retaliated against.

Morgan’s doctor then placed her on leave, and she applied for Family and Medical Leave Act leave shortly thereafter.

In response to her application, the filing states Keckritz became aggravated with her, said she didn’t know what Morgan was up to and made her feel “nervous and uncomfortable.”

The filing says Morgan was again told to let the situation blow over or look for work elsewhere given how the retaliation was affecting her. She pointed out that people were continuing to make posts on social media calling her a “snake.”

The filing states Morgan reported ongoing harassment and retaliation multiple times to Whittington, “who would pass the buck to Keckritz.”

The morning of a Nov. 8, 2021, follow-up doctor’s appointment, Morgan received a text from Keckritz saying she would need a full treatment plan and diagnosis in order to continue her FMLA leave.

The filing then describes  discussion between Morgan and Keckritz to set up a meeting, with Morgan saying she would like to meet before her first day returning to work, given her leave was due to workplace anxiety, and Keckritz responded she would be unable to meet with Morgan until she was off FMLA leave.

Morgan was eventually called by Whittington, who told her to meet with Keckritz and Goersch at her office the morning of Nov. 9.

At this meeting, the two informed Morgan that, upon her return to work Nov. 11, she would be demoted from her position as assistant director of nursing.

Noted in the filing was that Keckritz “crudely asked” Morgan if she “was even able to take care of patients anymore given her anxiety,” to which Morgan responded she could and she had no work restriction from her doctor stating otherwise.

Upon her return to work, Morgan encountered two county police deputies waiting at the entrance. When she asked if they needed to be let in, the officers, per the filing, said “‘Yeah, I guess they are planning to terminate someone and thought they may need the police.’”

Morgan claims she was later terminated for an “unfounded, pretextual reason relating to documentation” and was told she would be arrested if she came back onto the property.

Morgan is seeking injunctive relief, requesting the court enter an order declaring Monroe County violated the Illinois Human Rights Act.

This would require the county, among other things, conduct training for all managers and supervisors regarding retaliation, adopt policies aimed at preventing and remedying any future violations that may occur and notify employees of the violations and the remedy imposed by the court.

Morgan further requests that the court order other monetary damages, including lost past and future wages, pre- and post-judgement interest and other monetary expenses incurred by Morgan as a result of the county’s conduct.

Relatedly, Nordhaus’ previously mentioned lawsuit against Monroe County is ongoing in the Illinois Southern District U.S. Court.

That lawsuit concerned Nordhaus’ claims of retaliation against her for reporting alleged fraud involving Medicaid, Medicare and TRICARE reimbursement materials and documentation.

The first count of the lawsuit claims the county violated Illinois public policy by terminating Nordhaus’ employment after she “engaged in protected activity” by reporting alleged fraud by Oak Hill.

The second count alleges a violation of the Illinois Whisteblower Act, and the third count alleges Nordhaus’ reporting or threatened reporting of the suspected fraudulent activity was a factor in her termination from Oak Hill.

Also worth noting are several comments made by Nordhaus at a county board meeting several months prior to her lawsuit being filed.

“What’s the reason I was placed on administrative leave?” Nordhaus asked. “The next question, Which policy or rule did I violate? Again, you decline to answer. Has anyone … ever been placed on administrative leave for violating the same policy or rule? Decline to answer. Did the commissioners vote to place me on administrative leave? Decline to answer. What was the vote? Decline to answer.”

These comments were made at the same September meeting where the board accepted Koontz’s resignation.

No official reason was given for Koontz’s resignation.

When asked about the most recent lawsuit, Oak Hill Administrator Shari Kruep did not respond.

Scott Woodsmall

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