FIRST SUPPLEMENTAL COMPLAINT FOR DAMAGES & INJUNCTIVE RELIEF
NATURE OF THE ACTION
This is an individual action brought by Plaintiff David F. Jadwin, D.O., a whistleblowingphysician with disabilities, against his employer, (i) the County of Kern (“Defendant County” or“the County”); ) (ii) individual Defendants Peter Bryan (“Bryan”), Chief Executive Officer of Kern Medical Center (“KMC”); Eugene Kercher, M.D., President of Medical Staff at KMC(“Kercher”); Jennifer Abraham, M.D., Immediate Past President of Medical Staff at KMC(“Abraham”); Scott Ragland, M.D., President-Elect of Medical Staff at KMC (“Ragland”); andToni Smith, Chief Nurse Executive of KMC, (“Smith”), both personally and in their officialcapacities; and (iii) individual Defendants Irwin Harris, M.D., Chief Medical Officer of KMC(“Harris”); William Roy, M.D., Chief of the Division of Gynecologic Oncology at KMC(“Roy”); and DOES 1 through 10.Plaintiff’s claims against his employer, Defendant County, allege violations of section1278.5 of the Health & Safety Code
which prohibits retaliation against a health care providerwho reports suspected unsafe care and conditions of patients in a health care facility; section1102.5 of the Labor Code which prohibits retaliation against an employee for reporting orrefusing to participate in suspected violations of the law; the California Family Rights Act(sections 12945.1,
., of the Government Code) (“CFRA”) and the Family and MedicalLeave Act (sections 2601,
of the United States Code) (“FMLA”) which prohibitinterference with an employee’s right to medical leave and retaliation for an employee’s exerciseof the right to medical leave; and the Fair Employment and Housing Act [subdivisions (a), (m) &(n) of section 12940 of the Government Code] (“FEHA”) which prohibits discrimination against
All statutory references are to California Codes unless otherwise specified.
Case 1:07-cv-00026-OWW-TAG Document 24 Filed 04/24/2007 Page 2 of 52