2/8/2022 7:30 PM
`22CV05034
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`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`
`FOR THE COUNTY OF MULTNOMAH
`
`
`MENGISTU HIKA, an individual
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` Plaintiff.
`
` v.
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`VIBRA SPECIALTY HOSPITAL OF
`PORTLAND, a foreign business entity;
`CHRIS JONES, an individual;
`
` Defendants.
`
` Case No.
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` COMPLAINT
`
` ORS 659A—Racial Discrimination,
`retaliation, Aiding and Abetting
`
` Prayer amount:$300,000.00
` ORS 21.160 Filing Fee: $594.00
` NOT SUBJECT TO MANDATORY
`ARBITRATION
`
`
`Plaintiff Mengistu Hika alleges:
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`PARTIES AND JURISDICTION
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`1.
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`Plaintiff Mengistu Hika is an individual who resides in Oregon. He was an employee of
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`Defendant Vibra. Plaintiff is a person of color.
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`2.
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`Defendant Vibra Specialty Hospital of Portland (“Defendant Vibra”) is a business entity
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`formed in Pennsylvania. Defendant Vibra conducts business in the State of Oregon.
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`3.
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`Defendant Chris Jones (“Defendant Jones”) is a individual residing in Oregon. She is an
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`employee of Defendant Vibra.
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`//
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`//
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`Page 1 - COMPLAINT
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`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
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`22CV05034
`
`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`
`FOR THE COUNTY OF MULTNOMAH
`
`
`MENGISTU HIKA, an individual
`
` Plaintiff.
`
` v.
`
`VIBRA SPECIALTY HOSPITAL OF
`PORTLAND, a foreign business entity;
`CHRIS JONES, an individual;
`
` Defendants.
`
` Case No.
`
` COMPLAINT
`
` ORS 659A—Racial Discrimination,
`retaliation, Aiding and Abetting
`
` Prayer amount:$300,000.00
` ORS 21.160 Filing Fee: $594.00
` NOT SUBJECT TO MANDATORY
`ARBITRATION
`
`
`Plaintiff Mengistu Hika alleges:
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`PARTIES AND JURISDICTION
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`1.
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`Plaintiff Mengistu Hika is an individual who resides in Oregon. He was an employee of
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`Defendant Vibra. Plaintiff is a person of color.
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`2.
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`Defendant Vibra Specialty Hospital of Portland (“Defendant Vibra”) is a business entity
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`formed in Pennsylvania. Defendant Vibra conducts business in the State of Oregon.
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`3.
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`Defendant Chris Jones (“Defendant Jones”) is a individual residing in Oregon. She is an
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`employee of Defendant Vibra.
`
`//
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`//
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`Page 1 - COMPLAINT
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`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
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`Defendant Vibra runs a facility in Multnomah County, Oregon, and the relevant events
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`occurred in Multnomah County, Oregon, Therefore, venue and jurisdiction are proper in the
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`Circuit Court of Oregon, Multnomah County.
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`FACTS
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`Defendant Vibra, through its former CEO, hired Plaintiff as the Director of Health
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`Information Management, in February 2020.
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`The former CEO was a person of color. He left shortly after Plaintiff began working.
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`Following the departure, Plaintiff was the only person of color on Defendant Vibra’s
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`management team.
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`Plaintiff performed well in his position with Defendant Vibra. Defendant Vibra regularly
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`asked Plaintiff to perform duties beyond what he was hired for, and Plaintiff obliged. Defendant
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`Vibra sent Plaintiff to California so that Plaintiff could learn systems to help implement in
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`Oregon.
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`Around May 2020, Defendant Vibra hired Kathleen Skipper, as Chief Nursing Officer.
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`Ms. Skipper was cold to Plaintiff, and constantly questioned his contributions, while
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`downplaying them.
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`Another employee in management for Defendant Vibra, Defendant Chris Jones, told
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`Plaintiff in a one-on-one meeting that she liked “people like [Plaintiff]” in a way that Plaintiff
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`perceived as disingenuous, and related to his race.
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`//
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`Page 2 - COMPLAINT
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`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
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`In June 2020, Defendant Jones asked Plaintiff to work on some code in a specific
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`manner. However, Plaintiff knew this manner of coding was outside of American Health
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`Information Management Association guidelines. Plaintiff, in good faith, believed that coding
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`against those guidelines would be a violation of laws, such as privacy. Plaintiff informed
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`Defendant Jones of this concern, and did not code the way she requested.
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`Ms. Skipper directed Plaintiff to generate a new report that was outside his department.
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`Plaintiff did his due diligence, and determined that Defendant Vibra’s system did not currently
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`have the information to generate this report. Plaintiff offered to work with other departments to
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`get this information so that he could generate the report. Ms. Skipper brushed aside his
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`suggestion, and claimed she would ask around at other hospitals. Ms. Skipper never said
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`anything else to Plaintiff regarding this report.
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`Ms. Skipper’s cold demeanor and attitude toward Plaintiff continued to worsen.
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`Eventually, Ms. Skipper ignored him in weekly meetings, and the rest of the management team
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`followed suite.
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`13.
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`In June 2020, Defendant Jones contacted Defendant Vibra’s regional director to get a list
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`of the job duties for Plaintiff’s position.
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`Following that, on July 4, 2020, Defendant Jones emailed Plaintiff asking him to detail
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`what he did at Defendant Vibra. Plaintiff responded two days later with the list of duties he had,
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`which included many outside his original position.
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`//
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`//
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`Page 3 - COMPLAINT
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`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
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`On July 9th, 2020, Defendant Vibra called Plaintiff into its human resources office and
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`terminated him. Defendant Jones was present. Defendant Jones stated that Plaintiff’s position
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`was no longer necessary and could be done remotely at a regional level for multiple facilities.
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`Plaintiff asked for clarification, and Defendant Jones stated that Plaintiff was only hired because
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`he was friends with the former CEO and that he should never have been hired.
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`Plaintiff’s first, and only, interaction with the former CEO prior to working for Defendant
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`Vibra was the phone interview.
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`Plaintiff has degrees in Health Information Management, Pharmacology, and Nursing.
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`Plaintiff was more than qualified for his position.
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`Defendant Vibra did not offer Plaintiff any position, or attempt to find a way for him to
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`continue working.
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`Defendant Vibra terminated Plaintiff in violation of law against retaliation and racial
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`discrimination.
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`On February 23, 2021, Plaintiff filed a BOLI complaint regarding the incidents that
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`occurred.
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`The BOLI investigation concluded on November 10, 2021.
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`//
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`//
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`//
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`Page 4 - COMPLAINT
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`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
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`FIRST CLAIM FOR RELIEF
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`Racial Discrimination—ORS659A.030
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`(Against Defendant Vibra)
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`22.
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`Plaintiff realleges paragraphs 1 through 21 as though set forth fully herein.
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`23.
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`Defendant Vibra is an employer as defined in ORS chapter 659A.
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`Plaintiff is an employee as defined in ORS chapter 659A.
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`24.
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`25.
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`Plaintiff is of African-American descent.
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`26.
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`Defendant Vibra terminated Plaintiff because of his race.
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`27.
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`As a result of Defendant Vibra’s discrimination, Plaintiff suffered economic damages in
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`the form of, loss of benefits, any negative tax consequences, damage to his reputation, and lost
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`potential earnings. The amount of damages will be determined at trial and refined through
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`discovery, but Plaintiff estimates his economic losses to be approximately $70,000.00.
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`As a result of Defendant’s discrimination, Plaintiff suffered non-economic damages in
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`the form of emotional distress and mental anxiety. The amount of damages will be determined at
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`trial and refined through discovery, but Plaintiff estimates his non-economic losses to be not less
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`than $230,000.00.
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`Pursuant to ORS 659A.885, Plaintiff is entitled to his costs, disbursements, and
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`reasonable attorney fees.
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`Page 5 - COMPLAINT
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`
`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
`
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`Pursuant to ORS 82.010, Plaintiff is entitled to pre and post-judgment interest at 9% per
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`annum.
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`SECOND CLAIM FOR RELIEF
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`Retaliation—ORS 659A.199
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`(Against Defendant Vibra)
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`31.
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`Plaintiff realleges paragraphs 1 through 21 as though set forth fully herein.
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`32.
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`Defendant Vibra is an employer as defined in ORS chapter 659A.
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`33.
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`Plaintiff is an employee as defined in ORS chapter 659A.
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`34.
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`Plaintiff, in good faith, reported to Defendant Jones that he believed her coding request
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`was a violation of law because it went against Health Information Management guidelines.
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`Defendant Vibra retaliated against Plaintiff when it terminated him.
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`Because of Defendant Vibra’s retaliation, Plaintiff suffered economic damages in the
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`form of lost wages and benefits. Plaintiff will prove these damages at trial, but estimates them to
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`be $70,000.00.
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`37.
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`Because of Defendant Vibra’s retaliation, Plaintiff suffered non-economic damages in the
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`form of mental anguish, emotional distress, and loss of reputation. Plaintiff will prove these
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`damages at trial, but estimates that them to be $230,000.00.
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`//
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`Page 6 - COMPLAINT
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`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
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`Pursuant to ORS 659A.885(1), Plaintiff is entitled to his costs, disbursements, and
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`reasonable attorney fees.
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`Pursuant to 82.010, Plaintiff is entitled to pre- and post-judgment interest at the rate of
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`9% per annum.
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`THIRD CLAIM FOR RELIEF
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`Aiding and Abetting—659A.030(g)
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`(Against Defendant Jones)
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`40.
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`Plaintiff realleges paragraphs 1 through 22 as though set forth fully herein.
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`41.
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`Plaintiff was an employee covered by ORS Chapter 659A.
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`42.
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`Defendant Jones is an employee covered by ORS Chapter 659A.
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`43.
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`Defendant Jones aided and abetted Defendant Vibra’s discrimination and retaliation by
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`helping come up with a rationale to terminate him, and by stating that he never should have been
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`hired in the first place, and that he was not hired because of qualifications but because of a non-
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`existent friendship.
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`As a result of Defendant Jones’ aiding and abetting, Plaintiff suffered economic damages
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`in the form of lost wages and benefits. While he will prove these at trial, Plaintiff estimates those
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`damages to be $70,000.
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`//
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`//
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`Page 7 - COMPLAINT
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`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
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`As a result of Defendant Jones’ aiding and abetting, Plaintiff suffered non-economic
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`damages in the form of mental stress, emotional damages, anxiety, and loss of reputation. While
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`he will prove these at trial, Plaintiff estimates those damages to be $330,000.
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`Pursuant to ORS 659A.885, Plaintiff is entitled to his costs, disbursements, and
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`reasonable attorney fees.
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`47.
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`Pursuant to ORS 82.010, Plaintiff is entitled to pre and post-judgment interest at 9% per
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`JURY DEMAND
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`Plaintiff demands a jury.
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`WHEREFORE, Plaintiff prays for the following:
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`• An award of damages as alleged in the complaint, $300,000.00
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`• Costs, disbursements, and attorney fees
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`• Any of relief this Court finds just and equitable
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`DATED February 8, 2022
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`Respectfully submitted,
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`RAMELLI LAW LLC
`
`
`/s/ Cameron Ramelli
`Cameron Ramelli, OSB No. 174417
`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`Trial Attorney
`Tel (503) 536-5164
`Fax (503) 662-6016
`cameron@ramellilaw.com
`Of Attorneys for Plaintiff
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`Page 8 - COMPLAINT
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`
`Ramelli Law LLC
`4900 SW Griffith Dr. Suite 165
`Beaverton, OR 97005
`P: (503) 536-5164 F: (503) 662-6016
`
`
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