PITTSBURGH – A certified nursing assistant who was exposed to COVID-19, requested to quarantine and be off from work for 14 days, and was then fired, has filed a wrongful termination lawsuit against her former employer.
Za’Tayah Ballard of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Oct. 30 versus Highland Park Care Center, LLC, also of Pittsburgh.
The suit began with the appearance of COVID-19 and the subsequent issuance of emergency orders that followed from Pennsylvania state officials. Because of the nature of COVID-19 and the high risk to patients, the Center for Disease Control recommended that any health care provider exposed to COVID-19 without personal protective equipment “be excluded from work for 14 days.”
The suit explains that the defendant hired Ballard to work full-time as a Certified Nursing Assistant in an “at-will” employee capacity, working 40 hours per week and earning $13.50 per hour.
“On May 16, Ballard found out that she had prolonged close contact, defined as 15 minutes, or longer, without personal protective equipment, to a person with a confirmed case of COVID-19 in an enclosed space. The same day, Ballard immediately called the defendant, and informed the registered nurse supervisor on duty, Asante (last name unknown), per weekend call-off procedures, that she was exposed to a confirmed COVID-19 case. On May 16, Ballard asked Asante to remove her from the schedule so she could quarantine for 14 days due to her direct prolonged exposure to a confirmed COVID-19 case,” the suit states.
Ballard says she “knew that the patients she came into direct contact with every day were highly vulnerable to COVID-19 and did not want to harm them.”
“On May 16, Asante removed Ballard from the schedule. Two days later, on May 18, the Director of Nursing and Administrator, who does not work on the weekend, learned of Ballard’s request to quarantine. On May 18, defendant denied Ballard’s request to quarantine and instead terminated Ballard’s employment for missing work on May 16 due to the COVID-19 exposure.”
The suit says Ballard was specifically terminated after she requested to quarantine.
“At all times relevant and material hereto, it was the clearly-defined public policy of the United States and the Commonwealth of Pennsylvania for individuals who had prolonged exposure to confirmed cases of COVID-19 without protective gear to isolate themselves in an effort to prevent the virus’s spread,” per the suit.
“By discharging plaintiff from her employment because she stayed home and self-isolated after being exposed to COVID-19, defendant violated a clear mandate of Pennsylvania and United States public policy. Given the uncertainty and fear surrounding the COVID-19 pandemic, and in light of the fact that plaintiff’s supervisor Asante allowed plaintiff to stay home, defendant’s decision to discharge plaintiff from her employment was wanton, outrageous and in reckless disregard for plaintiff’s rights under state and federal law.”
For a counts of wrongful discharge in violation of public policy, the plaintiff is seeking all back pay from May 18 through the date of judgment including pre- and post-interest, front pay from the date of judgment until such time as deemed equitable and just by the court, compensatory damages for emotional distress, mental anguish and inconvenience, punitive damages and any other relief deemed proper and just by the Court, plus a trial by jury.
The plaintiff is represented by Rachel L. McElroy of McElroy Law Firm, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-011291
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com