PHILADELPHIA – A former technician for Enclara Pharmacia Inc. is suing the company over claims that she was fired for wanted to take medical leave that was allegedly due her.
Debra Blakney Brown filed a lawsuit on March 24 in the U.S. District Court for the Eastern District of Pennsylvania against Enclara Pharmacia Inc., citing violations of the Americans with Disabilities Act and the Family and Medical Leave Act.
According to the complaint, Brown was hired as a temporary employee by ExcelleRx on Jan. 13, 2014, which was acquired by the defendant in February 2015. The defendant made the plaintiff a permanent employee on June 23, 2014, working as a pharmacy technician, the suit states.
The plaintiff claims that in the spring of 2015, she began to experience health conditions in relation to carpel tunnel syndrome, pinched nerves and other injuries. Brown states that she missed three days of work following a trip to the emergency room for the aforementioned conditions and asked for a two week medical leave of absence. The plaintiff avers that she was wrongfully terminated on May 21, 2015, because the defendant claimed that the absence would put her over the allotted amount of attendance points, which she claims violates her rights under the FMLA and the ADA.
Brown seeks compensation for all lost pay and benefits, punitive damages, costs, expenses and a trial by jury. She is represented by Ari R. Karpf of Karpf, Karpf & Cerutti PC in Bensalem.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-01359-CMR