Court: Mission Hospital owes ex-employee $5K for 'emotional distress' but has not paid
ASHEVILLE – Laura Kerzwick worked at Mission Hospital for almost nine years, rising in the ranks. Her tenure at Mission ended with a settlement when a court found the hospital did not hold up its end of her separation agreement.
Kerzwick began at Mission August 2014 as a radiation oncology manager, according to her LinkedIn page. By the time she left in March, she was the director of outpatient oncology at the hospital.
It is unclear why Kerzwick left Mission. She stopped working at the hospital March 1 and declined to comment for this story. According to a portion of her separation agreement included in court records, Mission recorded her departure as a “voluntary resignation.” It is unclear from court records whether the documents included in the filing comprise the entirety of the agreement.
Before withholdings, Mission owed Kerzwick $54,360.44 as part of the agreement.
According to court records, Mission, which was bought by for-profit, publicly traded HCA Healthcare in 2019, hasn’t paid her more than $5,000, the money owed to her for emotional distress.
“We do not comment on personal employment matters,” Mission Hospital spokesperson Nancy Lindell told the Citizen Times in a Dec. 12 statement. She did not answer questions about why Kerzwick left or why the hospital has not paid what the court says the hospital owes.
Kerzwick filed a complaint in Buncombe County Small Claims Court against the hospital July 26, claiming Mission breached her separation agreement. The hospital needed to pay her by April 11. She requested the hospital pay interest, court and legal fees on top of the principal amount.
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A Raleigh-based representative of Mission was served Aug. 14, according to an affidavit in the legal filing.
Kerzwick obtained a judgment against the hospital in small claims court Sept. 7. No representatives from Mission Hospital attended the hearing.
As of the morning of Dec. 12, Mission has not paid Kerzwick the $5,231.21 owed to her.
The separation agreement documentation included in court records is a rare glimpse into a contract not typically available to the public.
As part of the agreement, Kerzwick relinquished her right to sue Mission, HCA or any of its employees, officials or agents. The agreement also includes a confidentiality clause, which prohibits disclosure of the terms and conditions of the settlement. It allowed Kerzwick to discuss the agreement with her spouse, legal or financial advisers, or when legally required.
The agreement also included a non-disparagement clause.
“Employee agrees to not provide information, issue statements, or take any action, directly or indirectly, whether written, verbal or by way of electronic communication, blog, or other social media outlet that would cause the Company embarrassment or humiliation or otherwise the Company’s reputation,” the agreement reads.
Lindell did not answer questions about whether the confidentiality or the non-disparagement clause were standard in separation agreements.
Court records indicate that attorneys and a paralegal with Ward and Smith, which has offices in six North Carolina cities, represented Kerzwick between April and May in efforts to recover the payments Mission owed her, prior to the small claims complaint Kerzwick filed on her own.
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One of those attorneys, Emily Massey, told the Citizen Times Dec. 12 that many of the clauses in Kerzwick’s agreement were not unusual. She did not speak specifically about Kerzwick’s settlement due to its confidentiality.
“It’s typical that when employees settle a claim with their former employer that the former employer requires them to sign a pretty comprehensive release saying ‘you’re not going to sue us. You’re not going to talk bad about us. You’re not going to disclose certain information,” Massey said.
The Citizen Times recently reported that a set of bylaws and policies presented to doctors who practice at the hospital would face professional review for speaking out against the hospital. Following the report, doctors voted against the policy by one vote.
Mission and HCA face numerous lawsuits including medical malpractice, anti-trust and libel.
Mitchell Black covers Buncombe County and health care for the Citizen Times. Email him at mblack@citizentimes.com or follow him on Twitter @MitchABlack. Please help support local journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: HCA Mission Hospital hasn't paid ex-employee $5K owed for settlement
