Wage theft, neglect and abuse alleged at Neawanna by the Sea

Published 7:13 am Friday, September 5, 2014

Neawanna by the Sea, a retirement and assisted living community in Seaside, is at the center of multiple investigations after seven ex-employees came forward last month to accuse the business of wage theft, mistreating some of its residents and allowing unsanitary living and working conditions to go unattended.

In addition, the group alleges in sworn affidavits filed with the Oregon Bureau of Labor and Industries that Neawanna engaged in discrimination based on race, age and sex; turned a blind eye to sexual harassment; created a hostile work environment; and terminated the seven employees in retaliation for blowing the whistle on its unlawful employment practices.

The complainants — Wesley Cordova, a former cook; Elodia Gonzalez, a former caregiver; Lynzee Johnson, a former medical technician; Kylee Lunsford, a former medical technician; Amy Patterson, a former medical technician; Matthew Perry, a former dishwasher; and Michealyn Schroeder, a former resident services director — have hired a Portland-based lawyer, Michael Ross, of Slater Ross Attorneys, to represent them. Ross is treating the allegations as a single, unified claim against the respondent.

While the Bureau of Labor of Industries is investigating the unlawful termination part of the case, Adult Protective Services is looking into allegations that the business has abused and neglected its residents.

Neawanna by the Sea’s head office, Westmont Living in La Jolla, Calif., has also launched an internal investigation, Ross said.

“I think it’s absolutely necessary,” Perry said. “This is for the residents, bottom line. The things in there that I’ve seen, I’ve witnessed … it’s disgraceful. I was sick working there.”

On the afternoon of Aug. 20, the group gathered to picket outside Neawanna by the Sea on North Wahanna Road.

Calling Neawanna’s practices “against our morals,” Schroeder said that the protest is not just about failing to receive back pay for overtime hours worked, it is about defending the elderly residents they have come to love.

“Seniors deserve a voice, and if (Neawanna by the Sea) is not going to give them one, we will,” Schroeder said.

While some drivers shouted obscenities at them, many more honked in support and one — Darrin Howe, of Seaside — brought them bottles of water.

“We’re doing it for the residents,” Patterson said. “It’s about the quality of life that they have left.”

At the picket line, which took place on public sidewalks, the group was joined by 64-year-old Neawanna resident Donell Wilson, who has lived in the facility for almost six years.

“I fully support (the protesters),” she said. “They took a big step doing this.”

Asked about the group’s grievances with Neawanna, Wilson said that Westmont Living is “ruthless” and “doesn’t care about the residents.”

“They don’t care about their help, they don’t pay them enough, they work double shifts all the time, then they get called in on their day off, and now they can’t get the money that they’ve worked for,” she said. “It’s just not right.”

Two days before the protest, the employees went on strike after speaking with their supervisors about discrepancies in their paychecks, Johnson said. They later spoke to the Clatsop County Department of Health, which referred them to the state Office of Licensing and Regulatory Oversight.

While the six were in Portland Aug. 19, they learned that Neawanna by the Sea had chosen to terminate their employment.

When they returned to the facility that night to ask what was going on, they were told that they were no longer allowed on the property. A phone conversation between Schroeder and Westmont Living confirmed Neawanna’s decision.

As of Aug. 20 — the day of the strike — none of the seven had received his or her final paycheck.

If Aug. 19 is viewed as the day of their official termination, then Neawanna by the Sea may be acting illegally. According to state wage law, terminated employees are supposed to receive their last paycheck by the end of the business day following their termination.

Based on the group’s concerns, Warren Bird, a policy analyst at the licensing and regulatory oversight office, toured Neawanna’s facilities on Aug. 20. Bird spoke with nursing staff, kitchen staff, dining staff, residents and others on the premises.

He said that, though Neawanna appears to be understaffed — which can create stressors throughout the business — he didn’t see anything that would put anyone in danger.

“Nothing screamed at me,” he said. “I talked with the residents. They’re supportive of (Neawanna by the Sea).”

Some seniors expressed dissatisfaction with the way Neawanna had been running lately, but “they see there’s improvement. Things are turning around, and they’re happy with the way things are going,” he said.

Bird added that his team had surveyed the building July 30 and found very little amiss. That said, his team will be paying unannounced visits to the business in the near future.

In response to reporter inquiries, Westmont Living released the following statement: “Westmont Living is committed to providing premier care to our residents and a healthy work environment for our team members.”

“We follow all employment laws. We’re doing everything correctly,” said Kim Michel, Westmont Living’s human resources director. “Team members sometimes don’t understand the policies and procedures … We’re just trying to work with them, and we’re just moving forward. Our primary concern is not only to take care of our team members, but to take care of our residents, and that’s what we’re trying to do.

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