Former Director Suing The Birthing Project USA 

Posted by on Oct 23, 2015 in Law, Lawsuits

Former Director Suing The Birthing Project USA 

In New Orleans news, not-for-profit organization the Birthing Project USA is currently being sued by its former executive director, who has filed claims that the organization has failed to pay back wages which she is owed.

Lawsuit Details

Joia-Crear-Perry-500x500Joia Crear-Perry, who is a practicing New Orleans doctor specializing in Obstetrics and Gynecology, filed suit against The Birthing Project USA on July 9 in the New Orleans Parish District Court. Perry alleges that the Birthing Project USA has not paid her past due wages, and that she was in an agreement with the organization dated on Dec 30, 2014 to serve as their executive director during a time period dated Jan 1, 2015 to April 30, 2015. Perry has raised allegations that for reasons other than any failure of hers to fulfil the obligations included in her contract with the Birthing Project, her employment was terminated in February 2015.

The plaintiff is a public health expert who has received a number of awards and honors, including the Congressional Black Caucus Health Braintrust Award in 2006 and the Tulane Xavier Center for Excellence in Women’s Health Award. She has an appointment as a National Institutes of Health Student Fellow, and has served as a director for various clinical services for the City of New Orleans Health Department. In addition, she has served on the executive committee of the New Orleans Medical Association. According to fellow doctors, she has an outstanding reputation as not only a clinician in her chosen practice, but also as an administrator. Do you have information about Pharmaceutical Fraud? If No you should visit http://www.mahanyertl.com/pharmaceutical-fraud-whistleblowers/

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The Birthing Project USA describes itself as ‘the only national African American maternal and child health program in the USA’. According to their website, they are a volunteer effort to encourage better outcomes of birth and provide practical support to women both during pregnancy and for a year after the birth of their children.

Wrongful Termination

Navy-FloodedNewOrleansSince her employment was terminated without good and just cause, Crear-Perry argues that she is entitled to the full salary which she would have received had she been able to carry out the full term of her services. The plaintiff claims that the Birthing Project gave an insufficient reason for terminating her employment, stating their reason as being to move forward with their plans to hire a permanent executive director as well as re-locate their national office to a permanent location.

In the majority of states, employees are presumed to be employed at will, meaning that their employment can be terminated immediately and for no reason. However, this does not apply to the case brought by Crear-Perry, as she was covered by an employment contract. The early termination of her contract due to the alleged reasons puts the Birthing Project in breach of employment law.

Case Specifics

Joia Crear-Perry is represented by Jerome J. Pellerin, and the case has been assigned to Judge Piper D.Griffin. The defendant, the Birthing Project USA is accused of breach of contract, with an unspecified amount in damages sought for including both wages owed and attorney’s fees. The case number is 2015-06550.

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