Jones v. All The Little Things Count, LLC.
Filing
4
OPINION on Dismissal. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, 4)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
United States District Court
Southern District of Texas
ENTERED
Nicole Marie] ones,
Plaintiff,
'Versus
All the Little Things Count,
Defendant.
uc.,
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November 17, 2015
David J. Bradley, Clerk
Opinion on Dismissal
I.
From]uly 17, 2008, until MarchI 7, 20 15, Nicole Marie] ones worked for All The Little
Things Count, LLC., as a home-care provider for patients who receive Medicaid benefits.
Starting in 2oo9,]ones worked exclusively with one patient who suffered from severe
autism. She says she developed a close relationship with the patient and his family. One
of the members of the family was the commissioner of a sports league and, eventually,
Jones officiated for it. She says that the family never complained about her job
performance.
2.
Starting in 2012, Little Things Count did not always pay]ones promptly for all of her
services because she billed more hours than her Medicaid classification permitted - she
was a full-time employee and Medicaid would only pay for forty hours of care per week.
If she demanded payment for more than forty hours, the company would have to cover
the price of the non-billable hours for the patient. ] ones, after the first request for
payment for non-billable hours, contacted the chief operating officer of Little Things
Count, Sandra Graves. The company promptly paid her. In February 2014, she again
demanded payment for 14 - 26 non-billable hours. She was not promptly paid.
3.
On March
II,
20I5,]ones told Shamar Fletcher, the Consumer Services Director at
Little Things Count, that if she was not paid for her extra hours she would complain
to the Department of Labor. She also arranged with the client to take time off to resolve
the problem; she did not tell Little Things Count of the arrangement. On March 16,
201 5, she did not report to work. On March 17, she was fired for cause.
4.
In a lengthy termination notice, Little Things Count explained- that Jones was fired
for: (a) repeatedly violating protocol by arranging for times off from work without
notifying it to ensure a replacement was available;
(b) working more hours than insured
by her patient's Medicaid plan; and (c) complaints about her ability to compassionately,
responsibly, and safely care for patient in accord with its policies and the rules and
guideline of the Department ofAging a~d Disability Services. As part of her termination
settlement, it acquiesced her demands for additional pay and paid her for the nonbillable twenty-six hours and for her last week of work.
5.
She says that Little Things Count fired her because she complained about not being
paid for the non-billable hours. It did not retaliate against her; it fired her the day after
she did not show up for work as required. It fired her not because it did not want to pay
what she was owed, it fired her because she refused to conform to the billing scheme
prescribed by Medicare, her inability to follow company procedure, and legitimate
concerns about the quality of care she provided.
6.
After she was fired from Little Things Count she was not offered a contract to officiate
during the soccer season of the sports league. She says that Little Things Count
tortiously interfered with her contract because it told her former client, whose parent
is the commissioner of the league, that she was fired for cause. To assert a claim for
tortious interference with a prospective contract she has to show that Little Things
Count committed an independently tortious or unlawful act to intentionally prevent her
from entering the contract. Jones has shown no wrongdoing by Little Things Count.
The commissioner knew aboutJones from the quality of care that she had given in the
commissioner's home and had a right to know the employment history of someone
who may be hired her to interact with children.
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7.
Jones's claims will be dismissed with prejudice.
Signed on November 17,2015, at Houston, Texas.
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Lynn N. Hughes
United States DistrictJudge
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