California EMTs File Wrongful Termination Lawsuit After Protesting Lack of Proper PPE Led to Termination

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Two former California Lifeline Ambulance EMTS claim they were fired when they objected to transporting a Covid-19 patient without proper PPE. 

Former Lifetime Ambulance EMTs Claim Retaliation and Wrongful Termination: 

Former Lifeline Ambulance EMTs Kaitlin Wilson and Rayan Melendez filed lawsuits claiming wrongful termination and retaliation. The two EMTS, assigned as partners at work, protested not having properly-fitted N95 masks for use while transporting patients with Covid-19. The plaintiffs claim that they were fired in response to their complaints. 

EMTs’ Retaliation and Wrongful Termination Lawsuit Stemmed from Workplace Safety: 

The N95 respirator is a protective device designed for a very close facial fit and very efficiently filtrates airborne particles. The edges of this type of respirator are designed to form a seal around the nose and mouth. According to OSHA training materials, an N95 respirator, a tight-fitting respirator, cannot protect you if it does not fit your face. The mask must form a tight seal with the face and neck to function properly. If the N95 respirator does not fit the face properly, contaminated air can leak into the respirator facepiece allowing hazardous substances into the airway. To allow for proper function, employers must be sure that N95 respirators fit their employees when the PPE is necessary. Employers ascertain a correct fit by performing a fit test while the employee is wearing the same make, model, and size of respirator that will be in use on the job. Checking that the N95 respirator is properly fitted ensures it will provide the protection it is designed for as long as it is used correctly. 

Retaliation and Wrongful Termination Suit Claims EMTs Told Officials PPE Not Properly Fitted

According to the retaliation and wrongful termination lawsuit, the plaintiffs in the case advised Lifeline Ambulance officials that N95 masks were not properly fitted in May 2020, and that without a proper fit, they were not considered protective by the CDC. The plaintiff in the case claims that the CFO’s response was to ask what was “really wrong” with her and claiming that she was “obviously emotional about something.” According to the lawsuit, both EMTs, Wilson and Melendez, were fired later that same month. Lifeline Ambulance listed “harassment” as the reason for their dismissals. 

If you need to discuss employment law violations or have questions about how to file a California retaliation or wrongful termination lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.