Court denies class action certification in former Broomall Center employee's lawsuit

By Takesha Thomas | Feb 21, 2019

PHILADELPHIA — A district court has denied a motion for class certification filed by a former Broomall Center employee. 

On Feb. 12, District Judge Jan DuBois denied Tanya Dolison's motion for class certification filed in U.S. District Court for the Eastern District of Pennsylvania against SavaSeniorCare Administrative Services. Dolison alleged the company violated the stand-alone disclosure requirement of the Fair Credit Reporting Act (FCRA).

DuBois also granted Sava's motion to dismiss Dolison's claim for lack of standing.  

According to court documents, Dolison worked as a dietary assistant at the Broomall Rehabilitation and Nursing Center from November 1998 through April 2014. In 2014, Sava acquired control of the Broomall Center through Broomall Operating Co. 

Former Broomall Center employee loses bid to have class action filed   morguefile

As a part of the change in operations, plaintiff claims all the employees at the Broomall Center were required to participate in a "re-application" process. During this re-application process all employees were given, and asked to complete, documents contained in an Employee Documents Book (EDB).

Dolison alleges that Sava, "failed to provide a consumer report disclosure that complied with the dictates of the FCRA. According to Dolison, her consumer report was procured through a disclosure contained in the EDB, "as opposed to in a document consisting solely of the disclosure and that the disclosure inappropriately contained a liability waiver, releasing defendant of any and all liability".

In January 2014, Sava requested that a criminal background check be conducted with the Pennsylvania State Police. It was discovered through that background check that Dolison had been convicted in 1999 for "violating Pennsylvania criminal offense code CS13A30, which prohibits the possession and/or manufacture of controlled substances with intent to deliver." 

In April 2014, Dolison was notified by Sava of the findings from the criminal background check. Dolison was notified that the conviction was a disqualifying offense and that as a result her employment at the Broomall Center was terminated. 

Dolison filed suit against Broomall in June 2015 on behalf of herself and other putative class members.

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