Iowa Workforce Development manages unemployment claims filed on behalf of Iowans. (Photo by Getty Images, logo courtesy the State of Iowa)
An Iowa nursing home worker who was fired for dismissing residents’ complaints of pain as mere drug-seeking behavior is not entitled to unemployment benefits, a judge has ruled.
Leann McVay, a state-licensed practical nurse, was employed by one of Iowa’s largest nursing home chains, Care Initiatives, until March 18 of this year when she was fired due to issues at Avoca Specialty Care where she worked, according to state records.
According to evidence presented by Care Initiatives at a recent hearing, the daughter of a resident at the Avoca facility contacted a supervisor at the home in March and complained about the care McVay was providing to her mother. After the supervisor told McVay to call the resident’s doctor for guidance, McVay allegedly responded that there was no need for that because the resident was “drug seeking” and only wanted pain medication the doctor would not provide, the company alleged.
The supervisor allegedly reminded McVay such decisions were for the doctor to make, not the nursing staff, and inquired as to whether McVay had examined the resident for signs of a yeast infection. According to Care Initiatives, McVay replied that she was “not doing that” and refused to make the assessment.
The resident’s doctor subsequently ordered that an anti-fungal medication be administered by the staff, but within minutes the resident’s daughter contacted the supervisor again – this time upset and crying. Care Initiatives alleged the daughter reported that when she inquired as to the doctor’s orders, McVay was unkind to her and rolled her eyes. The daughter indicated she did not want McVay to ever again provide care for her mother.
Around that time, another resident who was in pain and in tears allegedly went to the supervisor and complained about the care McVay was providing for her chronic pain. When McVay was asked whether she had contacted the woman’s doctor about the pain issue, McVay replied the resident was a “junkie” merely seeking access to pain medications the doctor wasn’t likely to authorize, the company alleged.
According to Care Initiatives, McVay then refused a directive to contact the woman’s doctor, although the physician had previously warned the staff that the woman might be needing additional pain medications to treat a diagnosed medical condition.
McVay subsequently agreed to call the doctor, but allegedly reported back to her supervisors that the physician was out of the office and would not be back for a few days. She also was alleged to have made no effort to contact the on-call physician who was covering for the absent doctor.
Within days of those incidents, an overnight nurse at Avoca Specialty Care reported to the facility administrator that McVay had thrown a set of tube-feeding devices at her and asked whether she was “f—-ing blind” due to her inability to locate the items, Care Initiatives claimed.
State records indicate that in February 2024, McVay was reprimanded in response to complaints made by another Care Initiatives facility, Atlantic Specialty Care. The complaints included an allegation that McVay had simply sat in the director of nursing’s chair for an hour while she was on the clock, as well as allegations that she was unavailable to assist the certified nursing assistants.
The company also alleged that in 2022, during the pandemic, McVay was disciplined for using her cell phone during work hours, having her protective mask pulled down while at the nurses’ station, and failing to assist aides with resident care.
After being fired, McVay sought unemployment benefits, which led to a hearing before Administrative Law Judge James Timberland.
After hearing evidence in the case, Timberland recently ruled McVay was not entitled to benefits due to workplace misconduct stemming from her “callous disregard” of residents and their needs. Timberland ordered McVay to repay the $841 in benefit already collected.
State records indicate McVay’s license is in good standing with the Iowa Board of Nursing, and that she has no history of any prior disciplinary action imposed by the board.
Other Iowans whose unemployment cases were recently decided include:
— Nichole Van Houten, who worked for the City of Bondurant as a communications and events coordinator until she resigned in April. Van Houten had allegedly posted a message on Facebook seeking comments in support of her professional growth and asking her followers to voice support of parks and recreation – a city department she hoped she’d soon be leading — by providing feedback.
After the post was published online, City Administrator Marketa Oliver mistakenly sent an email to Van Houten that contained written notes surrounding Oliver’s personal thoughts as to terminating Van Houten’s employment with the city. Oliver then met with Van Houten and told her she had violated policies prohibiting the use of social media during work hours and that her social media post was self-serving. She was given the choice of resigning or being fired, and chose the former. An administrative law judge recently awarded Van Houten benefits, finding that the city had not proven workplace misconduct.
— Stephanie Coble-Day, who worked as the school principal for Community Christian School of Fort Dodge until her dismissal in March for allegedly failing to properly complete numerous applications for program funding, failing to properly report a threat of gun violence, and fostering a negative work environment.
Her employer also accused Coble-Day of using a grant to secure “large procurements” of supplies for the school that teachers did not want and which served no immediate, legitimate purpose. She denied the allegations and argued the “threat” she had failed to report was a 5-year-old child who was mimicking information heard on a television show. An administrative law judge recently awarded Coble-Day benefits, finding that Community Christian School had not proven workplace misconduct.
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