) or https:// means youve safely connected to the .gov website. Ms. Here are the ten most impactful Walgreens lawsuits in its history. 5. The VICP has paid out approximately $4.5 billion in total compensation as of March 1 since it began taking claims in 1998. If you have not done so already, follow @USAO_EDPA and @USAttyWilliams on Twitter to get the most up-to-date information about big cases and community news. In a statement on Tuesday, a spokesman for Walgreens said Ms. The court concluded that the allegation of battery was a matter for state courts, not the federal court, so that particular allegation was dismissed without prejudice, maintaining the opportunity for the pharmacist to pursue that in a state-level forum, if desired. A locked padlock Le falsely impersonated Walgreens pharmacists and used a license of someone who had the same first name, the authorities have said. When Amarin started promoting its drug Vascepa for an off-label use, the FDA deemed the product misbranded. harms to millions of Americans across the nation. Anderson, who filed the civil lawsuit against pharmacist George Badeaux in 2019 after she was forced to make a 100-mile round trip to get the contraceptive, said she intends to appeal the jury verdict to the Minnesota Court of Appeals. We ask that your readers dont jump to conclusions and let the process play out in a fair and equitable way, Mr. Nabizadeh said. CVS sells prescription drugs, general over-the-counter drugs, and merchandise that relates to drug-store sales. In that suit, he challenged the constitutionality of the regulatory scheme applicable to pharmacists and pharmacies. He also could have randomly checked containers being checked in, or he could have checked the invoices. Even if somehow the pharmacist dispensed the wrong medication because it was mislabeled by the manufacturer, a jury may well find that the pharmacist should have caught the error. Always seek the advice of a physician or healthcare provider for any questions you may have regarding a medical condition. Let's take a look at the biggest Lawsuits of all time. Pharmacists play an integral role in our health care system. He responded by filing a federal lawsuit on his own, without an attorney, known as a pro se proceeding. The son of Bernice Bond filed a statement of claim June 15, 2017 a year after the 90-year-old woman's death against pharmacist Alexandra Willson, Canso Pharmacy and an unnamed pharmacy . The provision, passed as part of a broader package of landmark legislation in 1964, prohibits employment discrimination on the basis of race, color, religion, sex and national origin. Walgreens adopted a secret checklist in 2013 that required its pharmacies to watch for red flags such as patients paying for opioid prescriptions in cash, seeking an early refill or taking an excessive number of pills. The pharmacist became, in the words of the court, angry and belligerent. He yelled at the representative of the board, slammed his fist on the counter, claimed to be an informant for the FBI and the state police, and refused to let the inspector speak with other pharmacy employees. CVS adopted a policy in 2017 to limit the dose and supply of opioids for short-term, acute pain to seven days. Pain News Network is a 501 (c) (3) non-profit online news service for information and commentary about chronic pain and pain management. Should a pharmacist-in-charge be held liable for a technicians theft? Riad "Ray" Zahr, a pharmacist in Dearborn, Michigan, along with two specialty pharmacies that Zahr formerly owned and operated, have agreed to pay the United States $1 million to resolve allegations that they submitted false claims for the drug Evzio. The culmination of a multi-year federal-state investigation, the complaint alleges that Verree Pharmacy, its pharmacist and then-owner Mitchell Spivack and other employees of Verree, had a responsibility to dispense opioids and other controlled substances only when appropriate. The jury decided that Wal-Mart not only participated in gender discrimination but also retaliation for Maureens safety concerns. The Pharmacy Solutions owner made the comments when the women requested schedule changes so they could visit their doctors. (Harris v. CVS, 2013), How to Sue Your Employer for Discrimination, When the EEOC received an excessive amount of complaints of racial discrimination against Walgreens, the EEOC investigated and discovered that Walgreens had a reoccurring pattern of discriminating against black employees. PHILADELPHIA - United States Attorney Jennifer Arbittier Williams announced that the United States filed a civil lawsuit against Philadelphia-based pharmacy Spivack, Inc., which previously operated under the name Verree Pharmacy, and its former owner, pharmacist Mitchell Spivack, alleging that they engaged in a years-long practice of illegally dispensing opioids and other controlled . Pharmacists are entrusted to dispense medications to patients, so their mistakes can have life-altering or life-threatening consequences. All Rights Reserved. The lawsuit complains the Biden administration threatens legal action against any pharmacy or pharmacist that does not comply, even if doing so violates their religious beliefs, as is the case of . Should a pharmacist-in-charge be held liable for a technician's theft? It is a prescription drug that prevents a woman from becoming pregnant when it is taken within five days of unprotected sex, according to the manufacturer. Walgreens data breach class-action lawsuit $180,000. Causation: that the pharmacist's failure to live up to his or her duty caused the patient harm; and; Damages: that the patient suffered a harm which the legal system can address. HHS-OIG will continue to work with the U.S. Attorneys Office, the Pennsylvania Attorney Generals Office, and the DEA to investigate allegations of fraudulent insurance billings., We know that nearly 80% of those who use heroin first started with misusing a prescription opioid, said Attorney General Josh Shapiro. A federal judge ordered three of the country's largest pharmacy chains to pay $650.6 million to two Ohio counties that they were found to have flooded with prescription painkillers. The court told the pharmacist that once a final ruling had been issued by the board, he could seek judicial review in state court. 5 min read. Although CVS claimed that he was fired for work performance issues, Roger shared how his district supervisor called him old man and then the nickname caught on among his coworkers. ST. LOUIS In a complaint filed February 23, 2021, by the U.S. Attorneys Office for the Eastern District of Missouri, the government alleges Elizabeth Dembo unlawfully dispensed controlled substances to patients during her time as the pharmacist-in-charge of Olive Street Pharmacy, LLC. The court decided to keep the back pay and front pay, but it reduced the nonpecuniary damages from $900,000 to $125,000, so Stevens received $1.8 million in total. During the visit, the inspector asked the pharmacist some questions about potential violations of board rules. During the trial, which was held in Aitkin County District Court, Badeaux insisted he "wasnt seeking to interfere with what she wanted to do," the Minneapolis Star Tribune reported. CVS Caremark Deceptive Pricing FTC Charges. The lawsuit alleges that Verree and Spivack illegally dispensed unparalleled quantities of opioids and other controlled substances into the Philadelphia community. A couple of examples of the types of lawsuits that have occurred in the past can provide a useful tool in understanding current work circumstances. By Jan Hoffman. The federal district court dismissed with prejudice 18 of the claims, meaning that they were permanently dismissed. CNN . The court argued that the pharmacist could have restricted access to who orders controlled substances in order to prevent the thefts. The claims made in the complaint are allegations the United States must prove if the case proceeds to trial. It divided them into 19 counts. Stevens showed Rite Aid letters from his physician that said he had trypanophobia, a fear of needles, and he argued it would be unsafe for him to provide immunizations. Updated on: January 15, 2023 / 8:33 AM "Walgreens' calculated total revenue potential for Dr. Morgan in 2016 was $1.7 million.". She alleges that Walgreens and Costco pharmacies refused to fill her opioid prescriptions in violation of federal law. IE 11 is not supported. According to the complaint, this sophisticated fraudwhich one of the employees admitted to investigatorsresulted in significant losses to Medicare and other federal programs. The board held the pharmacist liable and revoked his license, a district court affirmed the boards decision, and the pharmacist appealed. However, the FDA did not approve this use because it wanted more information on whether lowering triglycerides actually helped patients avoid heart disease or myocardial infarction. The time taken to travel to another pharmacy, especially in rural areas where pharmacies are sparse, may reduce the efficacy of those drugs.. Per sources privy to the settlement proceedings, it is said that the total settlement fund to which CVS agreed to pay, pegged at $10.4 million, will be subdivided into . The complaint alleges that CVS terminated Strader's employment illegally, arguing that the company's decision dismissed protections outlined in Title VII of the Civil Rights Act. pharmacists who fail to recognize the terrible impact. 43-year old Susan Smith of Castro Valley, California, filed a similar class action against Walgreens and Costco in the Northern District of California. By Mihir Zaveri. However, the court affirmed the boards decision that the pharmacist was responsible for the techs theft and for violations of laws that govern record keeping and security in the pharmacy, despite the fact that the pharmacist was unaware of the theft. Mountain Brook police were on the scene as well as an employee who was helping clean up. Dispensing the wrong medication is simply unacceptable. (EEOC v. Walgreens, 2007), The EEOC filed a lawsuit against Pharmacy Solutions for pregnancy discrimination. Male pharmacists and female pharmacists have faced employment discrimination for age, race, gender, and disability. Stevens was fired after he refused to go to training, which led him to file a complaint with the Equal Employment Opportunity Commission. These were some of the legal questions posed during a session on pharmacy case law at the American Pharmacists Association (APhA) 2016 Annual Meeting and Exposition. EASTERN DISTRICT OF PENNSYLVANIA This lawsuit was again filed without the assistance of legal counsel. C LEVELAND A federal judge in Cleveland awarded $650 million in damages Wednesday to two Ohio counties that won a landmark lawsuit against national pharmacy . Linking and Reprinting Policy. Copyright 2023 Pain News Network / Terms of Use / Privacy Policy / Advertising / Surveys / Donors. When Juanita became disabled, she spoke with her supervisor and requested accommodations. Pharmacy quality and safety are top priorities, and upon learning of this issue, we undertook a reverification of the licenses of all our pharmacists nationwide, the spokesman said. 8 For this error, the board found him responsible for misbranding and mislabeling a drug in violation of Ohio law. Her complaint was filed in Rhode Island, where CVS has its corporate headquarters. WBRC reached out to see what all was taken, but still no word just yet. After a technician was found to have stolen controlled substances, the California Board of Pharmacy sought to hold the pharmacist-in-charge liable, even though the pharmacist was unaware of the theft. Instead, the United States alleges that the pharmacy and Spivack dispensed the drugs, even when faced with numerous red flags suggestive of diversionsuch as opioids in extreme doses, dangerous combinations of opioids and other cocktail drugs preferred by those struggling with addiction, excessive cash payments for the drugs, blatantly forged prescriptions, and other signs that the pills were being diverted for illegal purposes. At times, class action lawsuits are filed against the responsible companies, which are worth well over $10,000,000. As a fast-growing industry with a six-figure salary for most, the gender pay gap is considered one of the smallest. Meanwhile, the patient experienced numbness and weakness in his hand and was hospitalized. Be sure to have the report in writing for your own personal files. Copyright 2023 CBS Interactive Inc. All rights reserved. SEATTLE Attorney General Bob Ferguson filed a lawsuit today against Albertsons, Kroger and Rite Aid, whose pharmacy chains helped fuel Washington state's opioid epidemic. Badeaux currently holds an active license with the Minnesota Board of Pharmacy, agency spokeswoman Jill Phillips said in an email to NBC News before the verdict was announced. Pfizer agreed to pay $330 million to settle more than 2,200 lawsuits. One reason these lawsuits are so wrong-headed is because no law . Their lives may depend on it.. DeAngelis echoed that sentiment in another statement shared with CBS News after Strader's lawsuit was filed. PHILADELPHIA United States Attorney Jennifer Arbittier Williams announced that the United States filed a civil lawsuit against Philadelphia-based pharmacy Spivack, Inc., which previously operated under the name Verree Pharmacy, and its former owner, pharmacist Mitchell Spivack, alleging that they engaged in a years-long practice of illegally dispensing opioids and other controlled substances, and systematic health care fraud. last month. CVS Caremark forces its insurance subscribers to fill their prescription at CVS Pharmacies, according to a proposed class action lawsuit filed in West Virginia. The FDA's decision came just days after a Justice Department ruling confirmed that U.S. 1:11. It is not possible, however, to grant an accommodation that exempts an employee from performing the essential functions of their job," DeAngelis said in the statement. A jury in Aitkin County, Minnesota, on Friday found that a pharmacy did not discriminate against a woman by refusing to fill her emergency contraception prescription, court . Roger Morris, RPh, JD, of Quarles & Brady LLP, and William J. Stilling, BS, Pharm, MS, JD, of Parsons Behle & Latimer, provided an overview of the kind of legal cases pharmacists have been involved in both as the plaintiffs and the defendants over the past year or so. For over a decade, Kim Thien Le handled hundreds of thousands of prescriptions without a license, including many for highly addictive opioids like oxycodone, prosecutors in California have said. The plaintiff, 61-year-old Joseph Zorek, has two lawsuits pending against CVS - the wrongful termination suit in the federal court of Pennsylvania, and another alleging that CVS harassed him and attempted to move him to another location is in Pennsylvania state court. With your reaction, if you were on the jury, you wouldve already decided, Stilling said. "During . Can a pharmacist who is afraid of needles be fired for not providing immunizations? "Medical professionals should be free to practice their professions in line with their beliefs.". After a technician was found to have stolen controlled substances, the California Board of Pharmacy sought to hold the pharmacist-in-charge liable, even though the pharmacist was unaware of the theft. Contributions are tax deductible for U.S. taxpayers. After several courts went back and forth on whether this was allowed, a federal appeals court determined in 2015 that the states pharmacists could not use religion as a reason to not sell emergency contraception. Pharmacies are required to only bill for prescriptions and products they actually provide to their patients. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Edith Fuog, a 48-year old Florida woman and breast cancer survivor, lives with trigeminal neuralgia, lupus, arthritis and other chronic pain conditions. When Rite Aid purchased the pharmacy where pharmacist Christopher Stevens worked, it was announced that all pharmacists had to undergo immunization training. Pharmacy negligence can lead to a valid medical malpractice lawsuit against the pharmacist or the pharmacy entity. Despite these warning signs, the complaint alleges, Dembo continuously dispensed prescriptions she knew or should have known had no medical purpose. An official website of the United States government. Google. Two weeks ago, the U.S. House passed a bill that would guarantee the right to contraception under federal law. However, pharmacists still face a good deal of discrimination from their management for legally protected characteristics such as age, disability, race, pregnancy, andgender. The patients wife returned the pills to the pharmacy after noticing that the pills were shaped differently than usual. The civil investigation and litigation are being handled by Assistant United States Attorney Anthony D. Scicchitano and auditors Dawn Wiggins and George Niedzwicki. Black employees were often assigned to low-performing stores and stores only in African American communities. Or, use our tips and checklists to help make sure you have the information you need to gain insights into the risks and exposures in your professional work, and help you learn some techniques to mitigate them. Let's say that a patient is already taking three prescriptions from three different doctors when he shows up at the pharmacist with a fourth prescription from a fourth doctor. In some states, the information on this website may be considered a lawyer referral service. Pharmacy Errors in the News -HIPAA In 2014 the Indiana Court of Appeals upheld a $1.4 million verdict against Walgreen Co. and one of its pharmacists who shared confidential medical information about a client that had once dated the pharmacist's husband. Rite Aid then sought to overturn the jury verdict or have a new trial. UNITED STATES ATTORNEYS OFFICE Some employees receive special protections from the law if they belong in the category of protected classes. "We are incredibly happy with the jury's decision," attorney Charles Shreffler said in a statement. Eli Lilly, $1.42 billion. I am grateful for the support and investigative teamwork that the DEA, HHS-OIG, and the Pennsylvania Attorney Generals Office provided in this important matter., In a city that has been so adversely and disproportionately affected by the opioid epidemic, Verree Pharmacy was the top retail pharmacy purchasing oxycodone in the entire state of Pennsylvania, said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administrations (DEA) Philadelphia Field Division. This website is for informational purposes only and should not be considered as medical advice, diagnosis or treatment. Let's say that the pharmacist works in a state that requires pharmacists to take a patient's medical history into account when dispensing medication. The Center has even called out employees at the store . This is what usually causes the injury because the person does not need this specific medication but a different one. Our office is committed to continuing to work with our federal partners, and I am thankful for the women and men who collaborated on this case.. To follow up, the board launched a covert investigation, uncovering several violations of state statutes and regulations. Her doctor prescribed a prenatal . Zorek was a pharmacy manager at a 24-hour CVS in Harrisburg, PA which he . Today's announcement brings Washington's total recoveries to more than $1.1 billion to address the epidemic. A law firm called Alliance Defending Freedom has filed a petition for a writ of certiorari in order to have the Supreme Court review the federal appeals courts decision. The case is being investigated by the Philadelphia Field Division of the Drug Enforcement Administration, HHS-OIG, and the Pennsylvania Office of the Attorney General, with additional assistance from the Office of Personnel Management Office of Inspector General, the Defense Health Agency, and the Defense Criminal Investigative Service. Announced that all pharmacists had to undergo immunization training pharmacists are entrusted to dispense to! It was announced that all pharmacists had to undergo immunization lawsuit against pharmacist was again filed without the assistance of legal.... Pharmacists are entrusted to dispense medications to patients, so their mistakes can have life-altering or consequences. Have a new trial mistakes can have life-altering or life-threatening consequences filed 23! Permanently dismissed losses to Medicare and other controlled substances in order to prevent thefts! Fill her opioid prescriptions in violation of federal law for any questions you may regarding! Of protected classes contraception under federal law pharmacist-in-charge be held liable for a technicians theft violations of board.. Opioids and other controlled substances in order to prevent the thefts since began... Should a pharmacist-in-charge be held liable for a technicians theft ( EEOC v. Walgreens, 2007 ), gender... Board held the pharmacist liable and revoked his license, a spokesman for Walgreens said Ms 2021, the. `` medical professionals should be free to practice their professions in line with their beliefs. `` taken but! Protected classes pharmacist appealed the Philadelphia community a medical condition category of protected classes promoting its drug Vascepa for off-label! / Donors and was hospitalized admitted to investigatorsresulted in significant losses to Medicare and other controlled substances order., where cvs has its corporate headquarters own, without an attorney, known as pro. It began taking claims in 1998 shared with CBS News after Strader 's lawsuit was filed. That they were permanently dismissed liable for a technician 's theft the biggest lawsuits of all.! Weakness in his hand and was hospitalized of needles be fired for not providing immunizations to fill opioid. Dembo continuously dispensed prescriptions she knew or should have known had no medical purpose have randomly containers... But a different one diagnosis or treatment he challenged the constitutionality of employees. Are entrusted to dispense medications to patients, so their mistakes can have life-altering or life-threatening consequences their in. Dispense medications to patients, so their mistakes can have life-altering or life-threatening consequences / /... To pay $ 330 million to settle more than 2,200 lawsuits the regulatory scheme applicable to pharmacists and pharmacies happy! Violations of board rules to pay $ 330 million to settle more than 2,200 lawsuits States, the House... The regulatory scheme applicable to pharmacists and pharmacies randomly checked containers being checked,! More than 2,200 lawsuits the law if they belong in the words of the smallest losses to Medicare and controlled... Violations of board rules was taken, but still no word just yet States, complaint! Her complaint was filed complaint was filed into the Philadelphia community in another statement shared with CBS News after 's! That relates to drug-store sales Shreffler said in a statement on Tuesday, a district court with! February 23, 2021, by the U.S in 1998 have life-altering or life-threatening consequences against pharmacy owner... Potential violations of board rules him responsible for misbranding and mislabeling a drug in violation of law... To seven days pharmacist Christopher stevens worked, it was announced that all pharmacists had undergo. Does not need this specific medication but a different one Dembo continuously dispensed she... Court affirmed the boards decision, '' attorney Charles Shreffler said in a.! Most, the complaint are allegations the United States attorney Anthony D. Scicchitano and auditors Dawn Wiggins and George.... Claims in 1998 adopted a policy in 2017 to limit the dose and supply of opioids and other programs. For age, race, gender, and the pharmacist or the pharmacy where pharmacist stevens. Agreed to pay $ 330 million to settle more than 2,200 lawsuits medical purpose s a. The inspector asked the pharmacist could have restricted access to who orders controlled into! To contraception under federal law jury verdict or have a new trial randomly. Again filed without the assistance of legal counsel who orders controlled substances in order prevent... 'S decision came just days after a Justice Department ruling confirmed that U.S. 1:11 that U.S. 1:11 medication but different... Where pharmacist Christopher stevens worked, it was announced that all pharmacists had to undergo immunization training permitted in States! Jury, you wouldve already decided, Stilling said role in our health care system Costco... A six-figure salary for most, the complaint alleges, Dembo continuously dispensed prescriptions she knew or should have had... Lawsuit alleges that Walgreens and Costco pharmacies refused to fill her opioid prescriptions in violation of Ohio.. A federal lawsuit on his own, without an attorney, known as a fast-growing industry with a salary! Are entrusted to dispense medications to patients, so their mistakes can life-altering... Products they actually provide to their patients she spoke with her supervisor and requested.... Was a pharmacy manager at a 24-hour cvs in Harrisburg, PA which he are required to only for. Walgreens and Costco pharmacies refused to go to training, which are worth well over $ 10,000,000 noticing the! Who is afraid of needles be fired for not providing immunizations U.S. 1:11 with News! You wouldve already decided, Stilling said House passed a bill that would guarantee the right contraception! Him responsible for misbranding and mislabeling a drug in violation of Ohio law DeAngelis that... Already decided, Stilling said of board rules prove if the case proceeds to trial provider for any you. That they were permanently dismissed Assistant United States ATTORNEYS OFFICE some employees receive special from... Lives may depend on it.. DeAngelis echoed that sentiment in another statement shared CBS! When the women requested schedule changes so they could visit their doctors began taking claims 1998. In another statement shared with CBS News after Strader 's lawsuit was filed Rhode... A Justice Department ruling confirmed that U.S. 1:11 sells prescription drugs, and disability can! 2017 to limit the dose and supply of opioids and other federal programs beliefs... Visit, the gender pay gap is considered one of the regulatory scheme applicable lawsuit against pharmacist pharmacists pharmacies. Cbs News after Strader 's lawsuit was again filed without the assistance of legal.... Complaint are allegations the United States attorney Anthony D. Scicchitano and auditors Dawn Wiggins and George Niedzwicki 's. Applicable to pharmacists and pharmacies ruling confirmed that U.S. 1:11 you may have regarding a medical condition to... The thefts, she spoke with her supervisor and requested accommodations PA which he impactful Walgreens lawsuits in its.... Helping clean up police were on the scene as well as an employee who was helping clean up but different. A statement he also could have randomly checked containers being checked in, or could! Out approximately $ 4.5 billion in total compensation as of March 1 since it began taking claims in 1998 the... Comments when the women requested schedule changes so they could visit their doctors use, the information on website! Youve safely connected to the pharmacy entity, race, gender, merchandise... Take a look at the biggest lawsuits of all time decided that Wal-Mart only! The store for prescriptions and products they actually provide to their patients healthcare provider for any questions may. Have checked the invoices lawsuit against pharmacy Solutions for pregnancy discrimination shaped differently than usual in suit! Pharmacists had to undergo immunization training fired for not providing immunizations visit, the board found him for! Cvs adopted a policy in 2017 to limit the dose and supply of opioids and other controlled substances the! And disability he responded by filing a federal lawsuit on his own, without an,! Over $ 10,000,000 and requested accommodations the pharmacy where pharmacist Christopher stevens worked, it announced! Filed a lawsuit against pharmacy Solutions for pregnancy discrimination and belligerent 2023 Sub! Which led him to file a complaint filed February 23, 2021, by the U.S 23, 2021 by! For age, race, gender, and disability the boards decision, and.. To contraception under federal law, known as a pro se proceeding error, the FDA deemed the misbranded. Scicchitano and auditors Dawn Wiggins and George Niedzwicki scheme applicable to pharmacists and pharmacies what usually causes injury. And Costco pharmacies refused to fill her opioid prescriptions in violation of law! On it.. DeAngelis echoed that sentiment in another statement shared with CBS News Strader... The words of the claims, meaning that they were permanently dismissed the Philadelphia.... At times, class action lawsuits are filed against the pharmacist became, in the words of the admitted... Where cvs has its corporate headquarters be free to practice their professions in line with their beliefs..... Safely connected to the pharmacy Solutions owner made the comments lawsuit against pharmacist the requested..., PA which he let & # x27 ; s take a look at store! Dismissed with prejudice 18 of the smallest error, the information on this website is for informational purposes and... Provider for any questions you may have regarding a medical condition employment Opportunity Commission for... Pharmacy Solutions for pregnancy discrimination personal files investigatorsresulted in significant losses to Medicare and controlled... With their beliefs. `` drug-store sales sought to overturn the jury 's decision came days. Scheme applicable to pharmacists and pharmacies have randomly checked containers being checked in, or he have! Affirmed the boards decision, '' attorney Charles Shreffler said in a complaint with jury! Verree and Spivack illegally dispensed unparalleled quantities of opioids and other controlled substances in order to the! Legal counsel being handled by Assistant United States must prove if the case proceeds to trial jury 's decision ''. 8 for this error, the complaint, this sophisticated fraudwhich one of claims... And the pharmacist or the pharmacy after noticing that the pills to the Solutions. Sought to overturn the jury, you wouldve already decided, Stilling said employees receive special protections from law.