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ABRAHAM MAY SUE HOSPITAL EX-CEO CLAIMS HE WAS WRONGFULLY FIRED.


Byline: Karen Maeshiro Staff Writer

LANCASTER - Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming.

The Antelope Valley
 Hospital directors denied a $2 million wrongful termination wrongful termination n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages).  claim filed by its former CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , Mathew Abraham, clearing the way for Abraham to sue the hospital in civil court.

The hospital board also agreed to cooperate with the Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County District Attorney's Office in any investigation it might launch, officials said.

Hospital officials previously said they tried unsuccessfully to get the District Attorney's Office to investigate Abraham, but prosecutors with the Public Integrity Division said they could not confirm that any complaint was made and encouraged at least one hospital official to send in a written complaint, records show.

``Our intention is to work with them to make sure they know what we know,'' hospital spokesman Ed Callahan said.

Abraham said he would welcome an investigation by law enforcement.

``It's a wonderful idea to have the D.A. look into aspects of Antelope Valley Hospital,'' Abraham said. ``That will save them money on legal expenses and save the district a lot of dollars that should be put back into patient care.''

On Wednesday the hospital board also voted to indemnify four of the five directors who were named in Abraham's claim, Abdallah Farrukh, Don Parazo, Deborah Rice and June Snow, should a lawsuit be filed.

Indemnifying the four directors means the hospital will pay for their legal bills and any judgments if they are sued and found liable but were acting within the scope of their authority, hospital officials said.

``It's up to Mathew to make the next move. The claim has been denied. Now he has the ability to file a lawsuit if he so desires,'' hospital attorney Frank Michelizzi said.

Director Steve Fox Steve Fox may refer to:
  • Steve Fox (musician), The Canadian country music singer
  • Steve Fox (porn star), The American porn star who died in 1997
  • Steve Fox (Tekken), The fictional British boxer in the Tekken fighting game series.
, a supporter of Abraham and the sole dissenting vote on his termination, voted for the claim denial, saying he was voting ``for the process.''

But Fox also said he is trying to get both sides to settle their dispute. ``I'm suggesting both sides meet and confer meet and confer n. a requirement of courts that before certain types of motions and/or petitions will be heard by the judge, the lawyers (and sometimes their clients) must "meet and confer" to try to resolve the matter or at least determine the points of conflict.  and come up with numbers (on which) they can compromise,'' Fox said.

Farrukh and Snow were appointed to speak with hospital attorneys about discussing a settlement with Abraham, said Snow.

``It doesn't mean we are paying him, necessarily,'' he said. ``I'm open- minded as far as this is concerned. It's to see if there's any way to put an end to to destroy.
- Fuller.

See also: End
 this.''

``If they are interested in settling the case, they need to let us know what their proposal is,'' Abraham said.

Abraham's claim contends his ouster ouster n. 1) the wrongful dispossession (putting out) of a rightful owner or tenant of real property, forcing the party pushed out of the premises to bring a lawsuit to regain possession.  was retaliatory and resulted from his ``questioning, investigating and reporting unlawful and/or unethical conduct'' of hospital directors.

Hospital officials denied the charges, dismissing the former CEO's claims as ``absolutely false.''

Abraham was fired first in February, without cause, which meant he would receive $488,000 in severance pay Severance Pay

Compensation that an employer gives to someone who is about to lose their job.

Notes:
Severance pay is not always paid to employees. It depends on the situation in which the employee is losing their job and whether legislation requires severance to be paid.
. The board then voted in July to terminate Abraham, this time with cause, after completing an investigation.

The board is now demanding Abraham give back the five months of severance pay he received, directors said.

Abraham's contract included a controversial contract amendment, approved last November - eight days before new board members took office - that said if Abraham's CEO contract is terminated he will be paid $250,000 a year plus benefits for four years to negotiate insurance and HMO HMO health maintenance organization.

HMO
n.
A corporation that is financed by insurance premiums and has member physicians and professional staff who provide curative and preventive medicine within certain financial,
 contracts for the hospital.

Within a week of firing Abraham, hospital attorneys said Abraham's ``golden parachute'' consulting contract was not legal.

The dispute over the contract and other issues are now pending in arbitration.

Karen Maeshiro, (661) 267-5744

karen.maeshiro(at)dailynews.com
COPYRIGHT 2003 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Aug 29, 2003
Words:587
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