Yesterday, a plaintiff social worker filed a complaint in the Northern District of Ohio against Visiting Nursing Hospice and Health Care (known as ProMedica in Ohio) for alleged retaliation due to qualified Family and Medical Leave Act (FMLA) leave for hip surgery.
The complaint explained that on January 29, 2020, the plaintiff filed for FMLA leave due to her necessary surgery, which is considered a serious health concern under the law. This entitled her to “twelve workweeks of leave in a 12-month period” because the surgery and recovery period would render her “unable to perform the essential functions of his or her job.” According to the complaint, two weeks before her leave was scheduled to start, supervisors told her that her leave request “wasn’t really working for [them]” and that she was told “she had agreed to the new job duties and expectations, whatever they were.” The plaintiff was allegedly forced to move to part-time work and placed on outpatient rotation in November 2020.
The plaintiff then said she had a meeting with her employer’s human resources department on December 2, and was told that she could either work part time, work 20 more hours per week with no additional pay, or be laid off. According to the complaint, she tried to file a grievance but was prevented from doing so and was forced to resign on December 30. The plaintiff believed that these changes were in retaliation for her FMLA leave, as none of her coworkers were reassigned in the same period of time. In response, she filed a lawsuit against ProMedica for unlawful interference with FMLA rights, and retaliation in violation of the FMLA.
The plaintiff is seeking a permanent injunction enjoining ProMedica to abolish discrimination, harassment and retaliation by investigating firing all supervisors who engage in this conduct, and properly training all employees; reinstatement of her position; compensatory and punitive damages; attorney’s fees and costs; and other relief.
The plaintiff is represented by The Spitz Law Firm, LLC.
