FARMINGTON — A former chief financial officer at Franklin Community Health Network has claimed age discrimination, retaliation and slander in a complaint recently filed in Franklin County Superior Court against FCHN and Rebecca Ryder, FCHN chief executive officer and Franklin Memorial Hospital president.
Eric Martinsen, now of Cottonwood, Ariz., seeks action and monetary amounts to rectify a “deprivation of rights” allotted to him under the Maine Human Rights Act, according to court documents filed by his attorneys Marc Frenette, Adam Lee and Rebecca Webber of Skelton, Taintor & Abbott in Auburn.
Martinsen filed a complaint of discrimination with the Maine Human Rights Commission in August 2011 and received notice allowing him to continue in court this past March.
“FCHN strongly denies the accusations by former employee Eric Martinsen that he was forced to retire or that he was discriminated against because of his age,” said Margaret Coughlin LePage, the Pierce Atwood LLP attorney for FCHN and Ryder. “In fact, Mr. Martinsen gave a three-year advance notice to the board of his plans to retire, and he made his retirement plans widely known throughout the hospital network and within the greater Farmington community.”
They have requested the complaint be dismissed with costs awarded, including legal fees.
Two counts in the complaint contend age discrimination and retaliation under the Maine Human Rights Act. In the third count of defamation, Martinsen contends Ryder and FCHN made statements to auditors, board members and employees about his personal financial situation, which he claims questioned his honesty in dealing with FCHN finances.
According to the court complaint, Martinsen began working for FCHN in 2004 under a contract that expired Dec. 31, 2011.
After several discussions about retirement and a training period for a potential replacement, he told Ryder in June 2011 that he decided not to retire at the end of the year and wanted to work longer. He claims Ryder sent him a letter stating his employment would end at the contract expiration date.
“After the hospital proceeded with plans to find his replacement, Mr. Martinsen unexpectedly indicated his interest in working a while longer, with no defined time period,” LePage said. “The hospital concluded that it was in the organization’s best interests to continue to follow Mr. Martinsen’s original plan rather than halting the search process. This decision had nothing whatsoever to do with Mr. Martinsen’s age.”
Based on the hospital’s decision, Martinsen worked with the organization to achieve a smooth transition of duties, she said.
Martinsen also claims FCHN attempted to retaliate for the discrimination claim and for participating in an investigation of it. He claims bi-weekly meetings between himself and Ryder were deleted from his computer calendar after the complaint.
Ryder claims she had nothing to do with calendar entries disappearing. The entries remained on her calendar and the two continued to meet, according to the response.
Martinsen claims his responsibilities and authority were reduced.
He also claims slanderous statements made about his finances injured his career, caused humiliation and damaged his reputation.
He claims Ryder contacted FCHN auditors and told them he filed a complaint with the commission and that he “had personal money troubles.”
FCHN and Ryder deny all allegations but admit Martinsen did discuss his financial issues with Ryder. After the discussion, Martinsen claims limits were imposed on his authority to sign documents for the nonprofit organization.
FCHN denies the allegation, but the board did make a policy change requiring “a second authorized signature for employees granted signatory authority in their first six or last six months of employment,” according to the court record.
An attempt Wednesday to reach attorneys for Martinsen was unsuccessful.
abryant@sunjournal.com
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