Fired administrative coordinator sues Einstein Healthcare Network for FMLA violations

A former office worker employed by Einstein Healthcare Network is suing

the healthcare company over claims that she was wrongfully fired from her job of nearly two years.

Alexandra Jewsevskyj, of Philadelphia, who began working as an administrative coordinator for Einstein in June 2011 says she was unlawfully terminated on April 5, 2013, in violation of the federal Family and Medical Leave Act.

Problems started back in late January of last year when the plaintiff’s daughter injured her wrist while roller skating with the daughter of the plaintiff’s supervisor, Jennifer Teal, who is named as a co-defendant in the litigation.

Following what the suit calls ordinary call-out procedures, Jewsevskyj on Jan. 21 of last year told Teal she had to take off work to take her daughter to the doctor for treatment of the injured arm.

Jewswvskyj was previously told she couldn’t use sick time for their children, the complaint states.

The next month, according to the complaint, the plaintiff became injured during a work-related fall, and she eventually made an orthopedic appointment in early March.

The woman applied for workers’ compensation after her February fall but was denied, the record shows.

It was around February of last year that Teal began to “pick on” the plaintiff by threatening her with “write-ups,” the lawsuit states.

At one time, Teal even sent the plaintiff home with pay for allegedly using foul language.

After her return, Jewswvskyj was forced into a human resource meeting where she was “browbeaten into providing a statement as to why she thought she should be allowed to keep her job,” the complaint reads.

And when she attempted to speak during the meeting, she was consistently cut off, the suit states.

About two weeks after the meeting, the plaintiff came down with a stomach virus and while she attempted to make it to work, ended up having to take off.

The plaintiff asked Teal whether she required a doctor’s note, to which Teal replied one was only needed if leave would last longer than three or more days.

When the plaintiff returned to work the next day, Teal asked for her badge and advised her that she was being terminated for having “four call outs” within a six-month period, according to the civil action.

“It is believed and therefore averred that Plaintiff was never given any written warnings for ‘excessive’ call-outs,” the suit states. “It is believed and therefore averred that Plaintiff was pretextually terminated for invoking her FMLA rights.”

The suit contains counts of interference and retaliation under the Family and Medical Leave Act and an additional claim for wrongful discharge.

The plaintiff seeks declaratory and injunctive relief as well as unspecified compensatory and punitive damages and attorney’s fees and costs.

She is being represented by Penndel, Pa. attorneys Wayne A. Ely and W. Charles Sipio of Kolman Ely P.C.

 

The federal case number is 2:14-cv-01917-TJS.