Ambulance company moves to dismiss suit by EMT fired after punching patient

Amelia Flood Sep. 2, 2010, 1:43am

Van Dorn

An ambulance company that fired one of its EMTs after he allegedly punched a combative patient claims that it had every right to fire plaintiff Jason Hayes, even if he was defending himself.

Hayes' previous complaint was dismissed earlier this year by St. Clair County Circuit Judge Lloyd Cueto without prejudice.

Plaintiff Jonathan Hayes is suing Mission Care of Illinois for damages of at least $50,000 and costs in his retaliatory discharge suit.

Hayes claims that he was defending himself when a seizure patient became violent as Hayes and his fellow EMTs arrived to transport him to the hospital in January 2008.

During the altercation, Hayes punched the patient, after he claims to have suffered blows and saw others at the scene attacked as well.
Hayes claims he was wrongfully fired for protecting himself and others.

Mission Care, in its Aug. 19 motion to dismiss the amended complaint in the suit, claims that Hayes does not plead any specific public policy that protects his actions.

Further, the company claims, it can fire anyone it wants.

"It is well established under Illinois law, [that] an employer may discharge an employee for any reason or no reason," the motion reads.
The motion also contends Hayes is not a proper party to his own suit because he filed for bankruptcy after the suit's filing.

The suit was previously dismissed in May.

Morgan Scroggins represents Hayes.

Mission Care is represented by Erick VanDorn and Amie Needham.

The case is St. Clair case number 10-L-20.

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