By Greg Ellison
Some counts dismissed, but wrongful termination charge will go to trial
(Nov. 5, 2020) The wrongful termination lawsuit filed by former OPA Human Resources manager Nate Douty is proceeding after a Oct. 22 ruling in Worcester Circuit Court.
In January 2019, Douty was fired by then General Manager John Bailey following a closed session meeting tied to a complaint by an association employee against former Director Slobodan Trendic.
Although Director Doug Parks followed the closed session meeting with a statement clearing Trendic of wrongdoing, Douty was terminated soon thereafter.
Douty subsequently claimed he was fired in retaliation after conducting an ethics investigation into Trendic, which found the director had not violated procedures.
Representing Douty is attorney Francis Collins, who said, after filing paperwork in July 2019, Worcester County Circuit Court ruled on Oct. 22 the wrongful termination suit could proceed.
“We filed a multiple-count complaint,” he said. “The court threw out some of the counts but left in wrongful discharge.”
Collins said the next legal phase for his client involves conducting discovery.
“We hope to prove that it was a wrongful discharge,” he said.
Collins said terminating Douty violated OPA Resolution B-08 regarding board ethics.
“Ethics are very important for an organization such as Ocean Pines,” he said. “They passed a set of ethics rules and have taken the position that the rules don’t really apply to the employees, they only apply to the board and don’t protect employees.”
Collins said his client feels the ethics rules were intended to protect both employee and residents.
“When they violate those rules in a way that causes someone to be fired, they should be held accountable for it,” he said. “Mr. Douty was a very good HR director with no problems shown.”
Collins said Douty performed competently and the issue was related to internal political squabbles.
“Residents of Ocean Pines should be protected from those type of things,” he said. “It’s their money, it’s their property and they shouldn’t have somebody’s ego and political views about Ocean Pines effecting their investment.”
Attorney Katelyn Brady, who is defending Ocean Pines in the case, had no comment when reached by phone on Tuesday.