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.

I recently received an email from Brian who claims that LabCorp appointments don’t seem to matter to LabCorp service center employees. Here’s his LabCorp appointment story:

After my doctor’s visit last time I waited for over 10 days to get LabCorp test results. After the extensive wait, no results were available. The doctor couldn’t figure out what happened to the urine samples after LabCorp took them. His office called LabCorp but no one could find them or provide an answer as to why there were no test results. They did however provide the results for the blood test.

If you have 3 specimens and you only provide test results for one of them, you’re only 33.3% reliable. That’s way too low for a health care related test that is used by a doctor to determine the next course of action.

My wife and I cannot not have children on our own. That was devastating when we found out and it changed the course of our lives. Having babies is free right? Should be easy, right? Or so I thought.

Now, we were searching for solutions. Regardless of the sad news of us not able to conceive, we decided on egg donation. The reason why is so that my wife and I can experience the beauty of the birth experience. We also wanted to experience the joy of watching as a baby emerge from her womb, crying for protection, then quieting down when being cradled in my arms.

None of that would happen now. We used the services of Dr. Aykut Bayrak at the Pacific Reproductive Center in Glendale, Ca.  When getting ready for IVF the donor must go through a series of blood test, one of them is HIV.

We had selected our donor from a website. I wanted my wife to select someone who looked just like her. We found a beautiful young lady named Amber, who looked like my wife when she in her 20’s. We thought we could not lose with Amber because she was an experienced donor, whose contributions resulted in several infants. We were excited and confident.

Then Labcorb came into the picture. When Amber’s blood test was given to Lab Corp for HIV testing the result came back ‘positive’. At first we were shocked!  With a result of being HIV resulted her being automatically canceled as our donor. So what is the real problem here. SHE WAS NOT HIV POSITIVE! When she re-took the test it showed that she was HIV negative. We were relieved for Amber, but the Lab Corp result cost us a couple thousand of dollars for Amber’s tests, medicine, and care during this process. All for naught. Because of Federal rules that any donor who tests positive for HIV cannot donate their eggs, even if she test HIV negative later.

So we were forced to search for another donor. We found one whose eggs eventually failed to produce. Amber was the perfect donor since she was experienced and had proven results. The donor was someone not experienced. With the second donor we ‘ordered’ the Dr. Bayrak not to use Lab Corp. If he refused, we would have fired him on the spot and simply found another fertility clinic to work with. He complied and another lab was used.

The Lab Corp result may not have directly resulted in us not having children (so far), but three things for sure.

(1) We lost a perfectly good donor in Amber,

(2) We had to financially start over with the same test, medicine, and care for the new donor,

(3) It crushed our spirit.

I will be sure to request any lab professional I deal with, from my doctor or any social worker, that if Lab Corp is involved in their testing, we will simply walk away.

Jim

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.

Aside from Quest Diagnostics, do you know of any national labs that I can use instead of lab corp? They’re horrible.
Thanks. Jasmine

There are many regional labs but after extensive research I discovered that due to the regulations imposed on labs under the CLIA federal law, and the proliferation of managed care, there are very few labs that can be considered “national” labs. The consolidation of the industry has lead to even more business for these two lab giants. Not surprisingly, when local laboratories expand past the regional phase, either LabCorp or Quest Diagnostics buys them.

 Depending on where you live, there are local and regional labs that offer great services and are likely to be accepted by your insurance. They usually do not have as many service centers as the two large ones and are more likely to work directly with your doctor’s office. An example is Bio-Reference Labs in New Jersey and New York, Florida Reference Labs in South Florida and other such smaller lab companies. There are also others where you can mail in your specimen and have direct access to results. One of the leaders is Direct Laboratory Services (DirectLabs). The problem with them is that while you are dealing with DirectLabs through the web but you are also dealing with LabCorp, as they will send you to LabCorp to give blood for the test. This is basically a wholesaler that has LabCorp doing all the work for them and they provide the results for you. They only accept credit card payments and do not accept insurance. While their prices are lower than going directly through LabCorp, you will experience all the frustrations of dealing with Laboratory Corporation of America locations.

LabOne was considered a formidable contender but got acquired by Quest Diagnostics. Almost on a weekly basis, you will notice national labs acquiring smaller regional ones. Another option is using a hospital based lab. The problem with hospital based alternatives is that they may charge more for the services. If you’ve had enough with the big national laboratories, check with your insurance company to see the regional labs that are part of their approved networks.

It reminds me of the old AVIS rent a car ads whose slogan was “We try harder.”

Feel free to post this complaint about Labcorp on your website:

My daughter had blood work done that was ordered by her doctor in the summer of 2009.  Early 2010, she has been referred to a specialist who wanted all of her previous records including blood test results.  I didn’t have any problem obtaining results from all other tests performed by the hospital.  The doctor that originally ordered the blood tests has retired and left a contact for medical records requests.  I didn’t have any success with the referred place so I contacted LabCorp directly and they told me that by law, they could not give me or my daughter the lab results.  They told me that only the doctor that ordered the tests could access the results.

I paid for these tests in full.  These are my records, not the doctors.  I walked right in the hospital and got all the other results with no problems.  The hospital told me that there is no law preventing a person from obtaining their own medical records.  I will never voluntarily use LabCorp again.  I recommend that if your doctor takes blood for tests, ask them what lab they use.  If they use LabCorp, ask them if there is another option.  If they write a prescription for tests, take prescription to your local hospital to get the lab work done.  Be sure to check to see if the hospital is on your insurance’s network.

Mike F from Amarillo, TX

If you’ve had blood tests and the results are available, you can request a copy of the results. All you have to do is ask for it. It’s your right to get copies of the blood test results from the doctor, LabCorp or medical facility who administered the blood test. The federal law that allows you to ask for and receive copies of your health records is the Health Insurance Portability and Accountability Act, also known as HIPAA. After you request copies of your blood test results, the law states that the medical facility has 30 days to give them to you. Labs may ask you to sign a permission form before releasing them but as I understand HIPAA, they have to provide it to you.

In Mike’s daughter’s case, LabCorp failed to provide the records and claimed that the law prohibited them from providing copies of the lab test results. If anyone knows what law they are referring to, please let us know by posting a comment to this post. I spoke to various lawyers about this issue and they all told me the same thing, “Your lab test results are medical records that belong to you under HIPAA.” There are laws that require medical consultation in reference to certain test results but in Mike’s daughter’s case, the results requested were old records that had already been provided to the doctor. A word of advise to Mike is that you contact the Medical Board in your state about the custodian of the records for your retired doctor. They will make sure that you get the records that the doctor turned over to them. You should also tell them about  LabCorp’s refusal to provide you the records. I’m sure that there is a state licensing agency that wants to know all about it.

 I went to Labcorp for routine medical tests today at 1217 East Ave, Sarasota.   When I arrived there were several elderly patients arguing with confrontational Labcorp employees that they had provided urine samples while the staff insisted that they had not. One elderly man stated that he witnessed his sample being stolen. 

When my turn came, my blood was drawn and I was handed a cup and a plastic lid that looked like a paper coffee cup. It had my name written on it with pen, no number.  I was told to go into a bathroom. The bathroom was filthy and there were numerous puddles and spots of urine on the floor, the counters, the sinks.

There were also several rings of urine left by previous cups on the counter. It was apparent that the urine was from numerous persons.   I was not given an alcohol wipe or instructed to wipe my hands. The woman scolded me for handing her the cup and told me to leave it on the dirty counter. I told her the bathroom was filthy and she said someone cleans it later. 

The employees there were morbidly obese, confrontational, rude, and appeared to have a limited intellect.   I am 50 years old and have utilized the health system in several states, Mexico, Central America and South America. I have never witnessed such a bizarre situation and unsanitary conditions in a health care facility.  This facility is below third world standards and I do not feel comfortable with the integrity of any results.   Mike

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.

Here’s an email that I recently received. It tells the complete story:

Couldn’t believe that there is a whole website devoted to Labcorp screw ups! On November 23rd, 2009, my husband and I both went to Labcorp with physicians work orders in hand. After waiting about an hour, we finally had our respective blood drawn. My husband’s was routine. I am a cancer patient and had two orders, one from my oncologist and the other from my primary care doctor. Even though the facility was very busy and it was a Monday (I should have known better), there was only one phlebotomist on hand. She stated that she was the only one drawing blood there for the past month.

We never heard from our doctor with the results, so on a visit this past weekend, we asked our doctor what the results were. She stated she never received them and proceeded to call Labcorp. She was told they had no record of us going into their facility in November. On a hunch, I called our provider, Humana, on Monday and was told Labcorp had billed them over $500 for my labwork on November 23rd and also had billed them for my husband’s. So, according to labcorp, we never went there on November 23rd, yet they billed Humana over $500!! Meanwhile, we had to have our blood re-drawn yesterday. This time we went to Quest Diagnostics. Maybe we’ll have better luck there. I have filed a complaint with Internal Affairs at Humana and hope to follow up with a letter to labcorp if I can find the proper person to send it to.

Carolyn