Caregiver fired after client claims the two shared his slot

Jul 29, 2023

An Iowa judge has awarded jobless benefits to a caregiver who was fired from a home for the disabled after she was accused of accepting a portion of a residents’ casino winnings. (Photo by Getty Images)

An Iowa judge has awarded jobless benefits to a caregiver who was fired from a home for people with disabilities after allegedly accepting a portion of a residents’ casino winnings.

Dawn Pesz was fired from REM Iowa Community Services in February after being accused of taking cash from a resident of the REM-managed care facility where she worked as a direct-support professional.

According to state records, one of Pesz’s duties was to take client-residents with disabilities into the community for errands and entertainment. On Feb. 6, 2023, she took one of the residents to a local casino, as she had done many times in the past.

The client won a slot-machine payout of $3,600, all of which was spent within 24 hours. Some of the money was spent on computers and a gaming device, and the client gave some to fellow residents of the facility.

The client told Pesz’s supervisors about his winnings a day later and said he didn’t have any of the money left. The client also reported that he had given Pesz $100 at the casino after collecting his winnings, an allegation Pesz denied.

After an internal investigation, Pesz was fired for violating a company policy that prohibits the acceptance of cash from clients. A supervisor claimed he’d previously reprimanded Pesz for accepting money from a different client – although that alleged incident, which Pesz denied, was not documented anywhere in her employment file, according to state records.

At a hearing on her request for unemployment benefits, Pesz stated that she repeatedly refused when the client offered her money from his casino winnings, and she noted the client was often confused and had a history of making false claims.

After a hearing on Pesz’s request for unemployment benefits, Administrative Law Judge Blair Bennett ruled in Pesz’s favor and awarded her benefits, stating that REM Iowa had not proven any misconduct on her part.

Other Iowans whose unemployment claims were recently heard by a judge include:

Kristina Swailes, who worked as a medical assistant for RexMD from late March through mid-June when she was discharged for several laboratory errors involving patient tests. In one instance, she allegedly released confidential patient information to a relative of a patient. In several other instances, she allegedly gave patients incorrect test results.

RexMD claimed it had also fielded complaints from patients and staff regarding Swailes’ attitude and perceived rude behavior. The final incident that led to her firing occurred when she allegedly made a significant error by ordering the incorrect test, producing incorrect results and requiring the patient to return for additional testing. A judge ruled Swailes was ineligible for unemployment benefits and ordered her to repay $1,209 already collected.

Irma Campos, who worked as an environmental services technician for Mercy Health Services Iowa from March 2019 to May 2023, when she was fired for allegedly stealing items from hospital patients. Her employer had accessed the lockers Campos was assigned and reportedly found many items, including health shakes and boxes of tissues, that belonged to patients and had personal patient information on them. She was denied unemployment benefits.

Ryann Udelhoffen, who worked as a senior hospital-equipment maintenance technician for Dubuque’s Finley Hospital from October 2022 until May 2023, when he was fired for violating hospital policy. In April, there were reports the maintenance team had not properly responded to 17 calls for assistance. Surveillance footage allegedly revealed numerous instances of Udelhoffen, while on duty, walking to the parking garage and driving off the premises, resulting in his absence for extended periods.

In May, the hospital fielded additional complaints of unanswered calls to the maintenance team. Surveillance footage allegedly showed Udelhoffen sitting in his car on several occasions, in some instances for 45 minutes, while on duty. He was denied unemployment benefits.

Diego Munoz, who worked as a full-time firefighter for the U.S. Department of the Army-Army Benefits Center from July 2021 through March 2022. He resigned after being informed that a drunken-driving conviction and license suspension rendered him ineligible to remain in his job as a firefighter. At his unemployment appeal hearing, he argued that his post-traumatic stress disorder from military service was triggered by the presence of refugees from Afghanistan on the miliary base where he worked.

By January 2023, he felt better and considered himself able to work, which resulted in the payout of unemployment benefits. An administrative law judge recently ruled that while Munoz may have had PTSD, he had not proven that his condition caused him to drive a car while intoxicated. He was denied benefits and ordered to repay $3,857 already collected.

Amber Essary, who worked as an administrative assistant for the Iowa Department of Health and Human Services from April 2000 to mid-July 2023, when she was discharged for the dissemination of child-abuse information to unauthorized parties, and accessing such information without a legitimate, work-related reason. In late April 2023, Essary had taken into her home a child with a problematic home life.

At the time, Essary was aware DHHS was involved in the child’s life because a child protective worker had come to her home to talk with the child. Essary later acknowledges that while at work, she twice accessed the child’s case file in the DHHS computer system. She had previously received a written reprimand for sending an email with confidential information to individuals who weren’t authorized to see it. She was denied unemployment benefits and ordered to repay $2,416 already collected.

Terri Powell, who worked as a certified nursing assistant for BCP Mediapolis until she resigned in March after being placed in probation and given a warning for allegedly failing to change residents who had soiled themselves and for instances in which she could not be located within the facility. She was denied unemployment benefits.

by Clark Kauffman, Iowa Capital Dispatch August 28, 2023

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Deputy Editor Clark Kauffman has worked during the past 30 years as both an investigative reporter and editorial writer at two of Iowa’s largest newspapers, the Des Moines Register and the Quad-City Times. He has won numerous state and national awards for reporting and editorial writing.