The Penn Record Jun. 1, 2016, 8:00pm


HARRISBURG — A certified nursing assistant is suing former employer CMS Senior Care Inc., doing business as Comforcare Senior Services, and president/CEO Christopher Smith, citing alleged retaliation and wrongful termination.

Yessenia Booher filed a complaint on April 25 in the U.S. District Court for the Middle District of Pennsylvania against the defendants alleging that they violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that on April 7, she received a call informing her that unless she provided proof of her automobile insurance, her paycheck, which was due the next day, would be on hold until she did so. She was terminated for protesting the defendants' practice, she says, and alleges she has suffered damages for loss of wages and fringe benefits. The plaintiff holds CMS Senior Care Inc. and Christopher Smith responsible because the defendants allegedly failed to pay her wage on the regular payment date, retaliated against her because she protested defendants' holding of her paycheck and terminated her for the proffered reason of insubordination.

The plaintiff requests a trial by jury and seeks compensation for loss of pay and benefits, liquidated damages, attorneys' fees and costs of suit. She is represented by Samuel A. Dion of Samuel Dion Law Office in Philadelphia and Richard B. Bateman, Jr. of Law Office of Richard B. Bateman, Jr. in Media.

U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00684

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U.S. District Court for the Middle District of Pennsylvania Harrisburg Division
228 Walnut Street
Harrisburg, PA 17101

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