On July 15, 1981, the working hours for the respiratory staff at Doctors Hospital were extended to 8:30 P.M. Cupples never told Bartlett how this would be accomplished. Amsden accepted Cupples' offer.Ĭupples later notified Bartlett that Amsden had been hired to perform the sonograms for Diagnostic, but that Bartlett would still be able to make the "sonogram" money that Cupples and Bartlett had previously agreed to. Amsden to get the mobile unit operating at full capacity again. Cupples stated that he was not entirely satisfied with Bartlett's sonogram production and that he needed Ms.
Cupples stated that he was in a "hot seat" because the $62,000.00 mobile sonogram unit was not producing a satisfactory amount of business for Diagnostic. Bartlett set up a meeting between Cupples and Amsden to discuss the terms of Bartlett's instruction.ĭuring the meeting between Cupples and Amsden the job of performing sonograms for Diagnostic was offered to Ms. When this sonography instruction ceased Bartlett spoke with Cupples about the possibility of continuing this instruction under Paula Amsden, a registered ultrosonographer working at Rapides General Hospital. During the first month of his new job, Bartlett received two hours of on-the-job sonography instruction for a few days each week. Long Hospital the same day as the conversation with Cupples and immediately began work for Doctors Hospital and Diagnostic. Cupples denies that he and Bartlett agreed to a one year employment contract and also denies that he guaranteed Bartlett an annual salary of $30,000.00 a year.īartlett resigned from Huey P. Cupples contends that Bartlett's continued employment was dependent upon the quality of his work and upon his certification as a respiratory therapy technician before the next Medicare survey at Doctors Hospital (Doctors Hospital was required to have a certified respiratory therapy technician as the head of its respiratory department to qualify for benefits under a Medicare plan). He states that Bartlett was to perform sonograms for Diagnostic at $12.50 per test, then Bartlett was to report to the respiratory department at Doctors Hospital and put in a full eight-hour shift at $6.50 per hour. Bartlett also maintains that Cupples assured him that his salary would be approximately $30,000.00 a year and that his employment was guaranteed for one year.Ĭupples' version of their agreement is quite different. His compensation from Doctors Hospital would be $6.50 per hour and would be set at 80 hours per pay period (two weeks) regardless of the time Bartlett actually spent in the respiratory department. After finishing his sonogram work at Diagnostic, which was usually before noon each day, Bartlett was to work the balance of the work day in the respiratory department of Doctors Hospital as its supervisor. He would begin each day at Diagnostic performing sonograms at $12.50 per sonogram. The exact terms the two men agreed upon are in dispute and form the basis of this lawsuit.īartlett contends that he and Cupples agreed that Bartlett's working hours would be 8:00 A.M. The two men discussed the terms of Bartlett's employment that day in Cupples' office. On this day Burl Cupples approached Bartlett and offered him a full time employment at Doctors Hospital and Diagnostic.
He worked in the respiratory department at both institutions. Long Hospital and in a part time capacity at Doctors Hospital. On June 4, 1981, Bartlett was employed in a full time capacity at Huey P. Burl Cupples was administrator of both of these institutions. Sonograms (only tests pertinent to this suit) are tests in which internal structures of the body are reviewed through the use of sound waves. These services include nuclear scans, sonograms and echocardiograms. We amend and affirm.ĭoctors Hospital is located in Tioga, Louisiana, and, in addition to other medical services, it maintains and staffs a therapy department.ĭiagnostic, located in Tioga, is a separate corporation which provides services to a number of local hospitals including Doctors Hospital. Bartlett answered the appeal seeking an increase in his award. Doctors Hospital and Diagnostic appealed contending Bartlett was entitled to no recovery or, if recovery is allowed, it should be decreased. 1 The trial court rendered judgment in favor of Bartlett against Doctors Hospital in the amount of $12,480.00 and against Diagnostic in the amount of $13,750.00. (Diagnostic) seeking the remaining portion of his salary under an alleged one year employment contract pursuant to the provisions of LSA-C.C. (Doctors Hospital) and Diagnostic Health Care Services, Inc. James Mark Bartlett (Bartlett) brought suit against Doctors Hospital of Tioga, Inc.
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