HARRISBURG — A former manger of Digital Cinema Destinations is suing the company for alleged violations of her FMLA rights and constructive termination.
Kimberly Blizzard-Simmons filed a lawsuit on April 4 in the U.S. District Court for the Middle District of Pennsylvania against Digital Cinema Destinations Corp. and Carmike Cinemas Inc., citing violations of the Family and Medical Leave Act, the Americans with Disabilities Act, and the Pennsylvania Human Relations Act.
According to the complaint, Blizzard-Simmons began working for the defendant’s predecessor corporation in 2002 as a managing director, which she continued to do when the defendant purchased the company on April 23, 2012. The plaintiff claims that she began to take time off to care for her sick mother in 2014. The defendant allegedly did not inform the plaintiff of FMLA leave, instead suggesting that she take accrued vacation time.
When the plaintiff attempted to return to work on May 22, 2014, the defendant reportedly told her that she would have to take her old position at a lower rate of pay and only gave her one hour to decide. The plaintiff claims her supervisor’s actions constitute a constructive termination and violation of the FMLA.
Blizzard-Simmons seeks compensation for all lost wages and benefits, liquidated damages, costs, expenses, legal fees, and a trial by jury. She is represented by Joshua S. Boyette of Swartz Swidler LLC in Cherry Hill, NJ.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00569