Car Accident Victim Allegedly Gaslit into Believing She Resigned from Her Job.

David ManesLawsuits & Press Releases

FOR IMMEDIATE RELEASE

Employee Files Lawsuit against Marscare Home Healthcare for violating her ADA Rights

Keshia began working at Marscare in August of 2016 as a registered nurse. As per Marscare’s job summary, some of the duties expected of their registered nurses are being able to lift 30 lbs. and intermittent physical activity including bending, reaching, climbing and prolonged periods of sitting.

In August of 2017, Keshia was involved in a car accident where she sustained significant injuries impacting her spine and muscles. Causing pain and temporary mobility issues, these injuries required several weeks of physical therapy and doctors’ appointments. As a result, she was ordered by her physician to focus on healing and not to return to work until September 11, 2017.  

Keshia took all of the necessary steps required to notify Marscare Home Healthcare of her doctor’s orders and health needs. This included submitting documentation to Marscare’s Human Resource department, who allegedly confirmed her return date to work would be September 11, 2017. According to Keshia, Marscare Home Health never indicated wanting to separate her from her position, nor discussed any kind of resignation from her end.

While healing from her injuries, Keshia discovered that Marscare Home Healthcare was claiming she resigned. According to Keshia, she reached out many times to management in an attempt to confirm that she did not resign. She was informed that she had been terminated from Marscare Healthcare and was no longer permitted to return to work in any capacity 

Keshia suspects Marscare Home Healthcare terminated her because she was perceived as disabled, following her car accident. Also, acting in retaliation against her for requesting reasonable accommodations in the form of four weeks to heal from her injuries. Now as a client of KM&A, Keshia fights for her rights. KM&A challenges employers who fail to uphold the law and retaliate against employees like Keshia.

Full text of this complaint, as filed with the District Court for the Eastern District of Pennsylvania, is available at docket no: 2:18-cv-04244-CDJ

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Colin Saltry at 215-475-3544 or at cs@lawkm.com.

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.