Anxious employee avers ADA, FMLA violations

By Carol Ostrow | May 10, 2015


PITTSBURGH – A Monroeville resident brought allegations against several Midwest-based health care employment firms alleging violation of employment law in 2014.

Lisa Sundin, 46, sued Heartland Employment Services LLC, doing business as Arden Courts of Monroeville, of Springfield, Ill.; along with Arden Courts of Monroeville PA LLC and HCR Manor Care, both doing business as Arden Courts of Monroeville and headquartered in Toledo, Ohio, in the U.S. District Court Western District of Pennsylvania on May 4, alleging wrongful termination in 2012.

The plaintiff was employed by the defendants from on or about Aug. 13, 2012, until about Jan. 13, 2014, to help care for patients with dementia or Alzheimer’s disease.

According to the complaint, Sundin suffers from assorted medical problems including anxiety and panic attacks and was terminated for “excessive absenteeism.” Alleging that she communicated clearly with her supervisors regarding the nature of her absences, Sundin claims that she was harassed because of her health, while other employees were not admonished for work absences.

The plaintiff claims that she qualified for Family Medical Leave Act leave and that her employers failed to designate her missed work time as such; that the defendants failed to make reasonable accommodations for her disability; and that she was mistreated and discharged for disclosing her medical problems to management.

Citing infringements of the FMLA and Americans with Disabilities Act — including discrimination, failure to accommodate, and retaliation — Sundin seeks liquidated or punitive damages; compensatory relief; attorneys’ fees and court costs. She is represented by Ari Karpf of Karpf and Karpf in Bensalem.

U.S. District Court for the Western District of Pennsylvania case no. 2:15-cv-00579-NBF.

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