LabCorp is being sued for allegedly violating the civil rights of an employee who complained about a supervisor’s racial remarks.

James Litomisky filed suit against Laboratory Corp. of America on June 27 in federal court of New Orleans. In the lawsuit, Litomisky argues he was terminated from his employment with LabCorp in retaliation for his objecting to, opposing, and refusing to cooperate with LabCorp’s discrimination against its employees with respect to the terms and conditions of their employment on the basis of their race.

Specifically, Litomisky alleges his supervisor made racist remarks regarding African American LabCorp employees. He objected to this language and complained to the human resource department. He was told the employees who were the butt of the racial comments must file complaints in writing on the proper forms for any action to be taken.

Less than a month later, he was placed on a performance improvement plan, allegedly in retaliation for his complaints about the discriminatory behavior. Litomisky also argues that his supervisor directed him to falsify quarterly performance management reviews of two African-American employees so that his supervisor could terminate them. Initially, he complied with the directive, but the next day he informed human resources of the incident and corrected the reviews. He was terminated from his position in October 2010, the lawsuit says.

The defendant is accused of violating the Louisiana Human Rights Act and the Louisiana Whistleblower Act. The plaintiff is seeking damages for back pay, reinstatement or in lieu of reinstatement, front pay, compensatory damages including medical expenses, pecuniary damages, damages for emotional distress, lost wages and benefits, punitive damages and attorney’s fees.

Customer service is an important part of every business. When you have a customer waiting inside a facility and he or she has been in a facility for an extended period of time, it is common courtesy to provide the service before closing. In this case, they just chased all the customers out. It is without a doubt one of the worst violations of customer service principles that I have seen. I’m fairly confident that even poorly trained LabCorp managers would object to the actions of their employees in this case. If they do something about it, now that’s a different story. Here’s the email I received:

I was sent there (Labcorp) by an employer for a urine test. I sat there for over 1 1/2 hours (well before 4p.m). The woman came out and announces “all of you here for “P-Test” have to return on Monday, we are not doing anymore today.” I told her look,I have to have this done today in order to start work…her reply was that’s not our problem….WTF…

I have all of my certifications for phlebotomy ……Those employees are rude,hateful and just out right nasty. They are the laziest people I have ever seen.

Thanks,

F.Kim

Now I just wanted to say it is true that a location with low volume of patients only require one PST (Patient Service Tech), but what does low volume mean?  40-60 patients?

While being at LabCorp for a short time, I was told that one location received high volume (~300 patients) which required 6 PSTs.  Now I worked at a hospital before and we each phlebotomist draws around 35-40 patients a day (about 300-400 patients a day)  so does that mean 40-60 patients at a LabCorp PSC equals low volume?  

Somehow, I think LabCorp PSTs forget that at a hospital outpatient blood draw room, there is a receptionist that processes all the requisitions, prints out labels, copies, fax, and handles inquiries.  The phlebotomists at a hospital draw blood [and then maybe process specimens and paperwork on their next rotation].  LabCorp PSTs on the other hand have to also do the receptionist side of the work during their 8 hour shift.  Having one PST at a “low volume” location is definitely understaffed when you think about the paperwork and LCM entries they have to also make just so that patients don’t wait over 15 minutes.

And one more thing. There are a lot of grumpy PSTs that’s been at LabCorp and say they love it there. Little do you know they put on a smiley face when dealing with patients (hence why patients love them) and when patients are gone, they complain and talk crap about them.  Why do they love LabCorp?  Because there’s no supervisor or someone higher up on-site to watch mistakes going on.  You can practically never ever wash your hands or wear gloves, stick a patient more than the allowed 2 times, and do manipulate the time clock system and get away with it.  Me?  I can’t stand this sort of unprofessionalism hence why I left quick-fast.

I work at one of LabCorp’s many billing departments around the country. The place sucks. The department, the company, the manager, and supervisors. I come in every day and my co-workers are like robots in a factory.

 

The job is fast paced and I’m not surprised about the billing complaints because, yes we do make mistakes in billing. Why? Because we’re told to do it at a super speed/superman rate which causes many of us to miss other vital information. If we don’t meet their numbers, we get called in and get “talked to” about our poor performance. The job really is simple to do if you’re allowed to do to it the way humans should. It’s the company and superiors that make the work atrocious.

 

Here’s a typical day for the billing people: come in, work, work, work, get bitched at by superior for talking/laughing with co-workers/having emotion/acting human/not performing to LabCorp’s standards, work, work, work, get bitched at some more, work, then the day’s over.  Actually, that’s the setting in other departments in the company. I’ve talked to others, not one of them have anything nice to say about the company or their superiors.  We’re not supposed to have any type of human emotion or try to enjoy our work environment, apparently. Yet the ones trying to impose the rules are don’t even follow it. 

 

My superiors aren’t doing crap and chat with one another for most of the day and the fingers get pointed at us on the floor when corporate isn’t happy with our performance. When I say we’re like robots, it ‘s true. That’s what they want us to be. Think of a sweatshop setting.  When they’re not happy, they create dumber rules and added stress.

 

If you absolutely need money, then apply here. Otherwise, this should be your last resort. It COULD be a good company to work for, but they need people who don’t have sticks up their asses and actually know what they’re doing and can treat and respect people who are below them.

The “chaotic” daily operation of a LabCorp center and the “entitlement” philosophy of certain LabCorp employees makes you not want to ever set foot in their service centers again.

 Here’s Amanda’s unfortunate experience.

…I completely and utterly baffled by the chaotic nature that is LabCorp’s daily operations. 

1st visit: On the first visit, I arrived around 3:30 for a blood test and H Pylori breath test, only to be questioned with regards to the Doctor’s prescription as to whether or not I should have fasted. I called the doctor to confirm, and staff at LabCorp still insisted the doctor was wrong. Once they agreed to the blood test, they informed me it was too late to give me the solution for the H Pylori breath test, even though they knew I would be waiting 45 minutes for a phlebotomy technician.  I was frustrated that after having missed 3 hours of work, I was told I would need to return. 

Second visit: I went ahead and scheduled the H Pylori test for the following Friday, confirmed scheduled appointment online, and left work hours early yet again to make this appointment. As soon as I arrived, the staff behind the desk told me they did not have the H Pylori test kits and that I should have called. I immediately responded that if that lab was not equipped with the supplies necessary to fill all prescriptions, then they should have referred to their appointment list and called me. The lady responded that it was my fault, even after I told her that I made the appointment specifically for this test. She said she would NOT call me when they received the test kits.  She also went on to say that if she had to call me then they would have to call 15 to 20 people who want the same test. I calmly told her that if they were putting 15 to 20 people in a position to miss hours of work only to be turned away at the door because their LabCorp office is ill-equipped to handle the tests that it advertises if offers at any given time, then yes, the right thing to do is to contact people. I never received an apology for inconveniencing me, nor did she admit their fault. The lady behind the desk then threw a card at me and said to call next time (again, even though I had gone through the appointment process as a courtesy to them in the first place).

Why does LabCorp website collect information if that information is not dispersed to people who need to know it? Why are they collecting information that ultimately is not being used to better the day-to-day operations of the offices? Finally, why are these labs not equipped with the tools necessary to administer every test it is supposed to be capable of administering at all times? For instance, the lady behind the desk at my second visit mentioned that they had not had the H Pyblori kits all week.

Next Patient!

In a world with overnight shipping, no lab should be without test kits ever, let alone a full week.

If this were any other business, one not funded by managed health care providers that guarantee a high volume of revenue to LabCorp, I would be able to request my money back, speak to a manager, or be compensated in some way. Instead, we as patients are taken advantage of and treated like cattle and told to come back…because let’s face it, we have no other choice.

The United States Department of Labor is investigating Labcorp for not being in compliance with their affirmative action plan and for discriminating against certain sectors of the population. In a recent letter received by LabCorp Sucks from a former employee, the U.S. Department of Labor, Employment Standards Administration’s Office of Federal Contract Compliance Programs requested that their Jacksonville, Florida office consider the allegations made by the former employee when conducting future compliance evaluations of Laboratory Corporation of America

If Laboratory Corporation of America (LabCorp) is found to not be in compliance and fails to correct the problems, they can be sanctioned and could even be restricted from participating in the Medicaid and Medicare program, two major income sources for the Laboratory company. LabCorp can also be prohibited from participating in other government programs, including the CHAMPUS program (The Civilian Health and Medical Program of the Uniformed Services) that provides laboratory services to government employees, and to Veterans Administration program beneficiaries. LabCorp currently contracts with all these government programs to provide reference laboratory services to program participants. Since many HMOs that serve the beneficiaries of these federal programs also contract with LabCorp, the HMOs would also be restricted from using LabCorp. The loss in business could be in the hundreds of millions and could be catastrophic to LabCorp stock (NYSE: LH).

LabCorp’s discrimination problems have been well known to company insiders. The company has various lawsuits pending and has had to settle others by paying out millions. In a recent Florida case, LabCorp even had to fire the law firm representing them after accusations of obstruction of justice by the firm.

As many LabCorp employees have stated in this site ”forget qualifications, if you kiss butt at LabCorp you move up.” In my personal case when I complained to Bob Blanco, the district manager, he insulted me and called me a liar. The director of patient services, Ana Garcia, also insulted me and said I was lying. This is how these bad managers cover their incompetence. If the employees are not doing their job appropriately, the managers are responsible. By supervisors closing their eyes to reality and making believe that everything is good, they believe that they did their job. The worst part is that the company executives believe them and instead of firing them, promote them. I predict that this fantasy land scenario will bring this company down, regardless of how much money they sucker out of Wall Street.

I am very bad with computers and didn’t see where to post my own story,  but I have quite a tale that you can file with whomever you wish.  I would title it “Lab Corp technicians are not fully trained to a competent level.”  I sent a similar story to Lab Corp a while back and called our insurance company,  BC/CS of NJ Directly this morning.

On January 22, 2010,  I had a Glucose Tolerance Test (GTT) done at a Lab Corp.  The technician told me I was scheduled to have a one hour GTT and directed me to drink the sugar water.  Startled, I asked if they didn’t need to take a base line blood evaluation ahead.  He said no, so I drank it.  Fifteen minutes later a worker came rushing into the waiting room and said I needed to take a base line test IMMEDIATELY.  The same now nervous tech took 3 tries getting my blood.  Admitting I should have had the test prior to drinking,  he also told me that I had only drunk 2/3 the amount of glucose required for that test,  therefore guaranteeing me false results.

For the next 45 minutes  I shivered on the table unable to get warm (shock?).  I’ve had cancer and mono and so don’t take such tests lightly.  During that time  I heard my tech giving instructions  on “how to do it” to yet another tech that was administering another GTT in a different room!

For the final blood drawing my tech tied the rubber tubing so tight around my arm that I yelled.  He loosened it,  but I had fairly continuous tingling in my hand for the next 5 or 6 days, and still do on occasion weeks later.  Yet a new symptom and worst,  when I went to get off the table  I couldn’t walk.  More than 5 weeks later I still have trouble walking.  I pointed out to the insurance company this morning that they have spent an exorbitant amount on me for this mistaken test.  I have been to emergency and specialists’ rooms fairly continuously since then.  Indeed,  I spent the night before last in the hospital under observation;  the reason being that I could not stand at all.

I told our insurance company I was making a complaint about Lab Corp and “suggested” that they do one of two things.  Either they should not have Lab Corps as their only covered lab or that they pressure the company to adequately train their technicians before releasing them to commit mayhem.  Weeks ago  I had written to Lab Corp that I didn’t feel that the technicians are the responsible parties when I see TWO at such a loss.  I blame the company!

I was motivated to call this morning since I need yet another blood test tomorrow to find out why my legs keep collapsing.  I dread another visit to Lab Corp!

LabCorp’s total revenues for the fourth quarter rose to $1.17 billion, up from $1.12 billion the year before. For the full year, the company had profits of $543.3 million, up from earnings of $464.5 million in 2008. The increase also includes all the income from the labs that Labcorp has acquired.

Labcorp also announced that it will be spending $250 Million to buy back shares of their own stock. Labcorp’s Chairman and CEO David King said “ We remain optimistic about the growth opportunities that lie ahead for us in 2010, and we are well positioned to capitalize on them.”  I highlight the word lie because while he was making the statement, he was filing with the Securities and Exchange Commission that he had just sold shares of LabCorp stock and pocketed over $171,960 in profits. You would think that when the head of a company announces positive results and claims to be “optimistic about the growth opportunities” he would be buying stock, not selling it. But then he owns lots of LabCorp stock and could have sold for other reasons.

One thing that LabCorp CEO David P. King didn’t boast about is that of a rumored investigation of LabCorp by the US Department of Labor, Employment Standards Administration, Office of Federal Contract Compliance Program. According to posts in CafePharma.com, LabCorp’s Florida operations are in trouble. They had to settle an employment lawsuit at a rumored cost of about $2.7 Million. In addition, they have a pending Federal lawsuit from a former employee that has not gone too well for them. With allegations of witness tampering and obstruction of justice, LabCorp has had to fire the law firm that was handling the case. The posts include the following:

OFCCP would like to hear from those who have been discriminated against based on a protected characteristic. (personal info removed) A formal recommendation has been made for an investigation of LCA Florida. Those who aren’t afraid to get their hands dirty, write:

US Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Program
Charles E Bennett Federal Building
400 West Bay Street
Room 939
Jacksonville, Florida 32202

or call:

(904) 351-0551

SUBJECT: LABCORP CONDUCT IN FLORIDA.

 All correspondence is confidential. 

I went to LabCorp in Arlington VA last Saturday am in the middle of a snowstorm that was getting worse by the minute. All I had to do was drop off a specimen, and I informed them of that the minute I walked in. After two more interruptions by me asking why I couldn’t just drop it off, they finally took it from me – an hour after I walked in the door. So, I sat for an hour in a waiting room filled with sick people (and I am not sick), while 8 inches of snow was falling and the roads getting worse by the minute, and they couldn’t be bothered to take a plastic bag of test tubes from me. They weren’t even apologetic. I think I would have been there another hour if I hadn’t finally thrown a huge FIT at the desk.

I wrote an email complaining to them about this, but you know they won’t even respond to it. They are a terrible company.

“I was recently told that I needed to take a drug test. The following is what happened.

I was called in to do a drug test and K–, my immediate supervisor, handed me a cup and told me to go into the bathroom. So I did. I wasn’t worried, because I hadn’t taken anything. During my Drug Test K– left out of the room leaving someone else there (that was not administering the test) and came back to complete my drug test. There were other drug test sitting on the table that were done before mine. Later, I found out I was suppose to seal the lab bag, but I didn’t, K– did, I guess after I left the room (not sure). I went back to my meeting. It just so happen that E– (the employee K– said she wanted to give my job to) was there on the day of my drug test and several other days, which she was suppose to be on medical leave of absence.

With K– and my history (we do not have a good one), I do not feel as if she was the right person to be giving me a drug test. I don’t know.

Almost three weeks after the drug test, K— told me that she needed a copy of my prescription medication Adderall, she said that Adderall showed up in my drug test. That extra test were run to determine it was Adderall. She also said that copy of the prescriptions was missing from my personnel file. I told her that Adderall could not have showed up in the drug test, because I have not taken any Adderall. I told her that I have been taking Phentermine and asked her if she wanted that prescription. She said “no”. I immediately requested another test. I was never contacted by a Medical Review Officer or “Loss Control” to determine about any medication that I was taking.

I told K– that I would get a copy of the prescription, since she said that would clear me. I went to my office and called Wal-Mart to get them to fax me over a copy. I was in the hall and — asked me again about the prescription in front of another employees (unprofessional behavior?). I told her that Wal-Mart pharmacy had just opened and they said it would take about 30 minutes to get the copy. I decided to go to Wal-Mart and get the list my self. I went to look for K– and she was out side smoking with T– and N–. I told her I needed to go to wal-mart for a minute to pick up something. She said that was fine. I went to Wal-Mart and got a copy of my prescription medication and placed them on Ka–’s desk.

She called me to her office and told me that the copy from the pharmacy would not work and said all I needed to do is to find the original bottle with the original date on it and bring it to her, and I could keep my job, otherwise I would be terminated, she would have to notify the board of nursing, and that I would lose the rest of my vacation and sick pay. She knew I was about to take a week off for Christmas.

The next week, I took the Phentermine bottle to her. She said, ” Is this the bottle.” I told her no, but this is the Phentermine bottle, which should have showed up. She said, “Keep trying to find the bottle.” A few hours later, I brought the original Adderall bottle to K–. She was at lunch, so I left the bottle with Ch–, and asked her to get K– to call me. Ch–, DON called me later and said K– said the bottle will not do because I should have brought the bottle right in and it did not have any medication in the bottle. I told her to tell K–, I did not take the medication. (I had the extra medication from the bottle, but I did not know I needed to give it to K–. They were taken out of the bottle before I took the bottle to K–.)

I have been getting phone calls that, K– has been telling people she fired me for failing a drug test, that I was taking my childrens’ Adderall (K– did not know that my children have not been on Adderal in over 4 months or that I do not take the medication due to a reaction it causes on me.), and that her and HR has already fixed one drug test for me (I thought it was against the law to fix a drug test??). Other employees have also seen my drug test results on the fax machine, she has been making phone calls to other management about me with employees in the office.

I believe they know I am a single parent and have to keep my job, so they could do what they want and I would not quit.

What is the drug testing chain-of-custody?

No one had ever asked me for a list of my medication or if I was taking anything. Was this appropriate for her to have mentioned my test results in front of someone else? HIPAA?

How do I find out if they are DOT regulated? How long does it take to for the results of a urine drug test ?

Why would Adderall be showing up instead of the Phentermine? Would something else be causing the Adderall to show up?

Please help me!! I do not know what to do!! My reputation as a nurse and my children is what really means the most to me. I worked hard all those years and all I care about is that everyone knows I am not the worker they made me out to be.

What can I do???? If anything???

LabCorp is the ones that ran the test!!“