PITTSBURGH – A certified nursing assistant who claims she was exposed to COVID-19 and requested to quarantine for 14 days but was instead fired, claims she has tried to mitigate her damages by seeking new employment in the wake of her allegedly illegal termination.
A Pittsburgh care facility denies it wrongfully terminated a certified nursing assistant who claims she was exposed to COVID-19 and requested to quarantine for 14 days but was instead fired.
Za’Tayah Ballard of Pittsburgh first 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 explained 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 stated.
Ballard said 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 said.
The suit added 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.”
Highland Park Care Center’s counsel filed an answer with new matter on Dec. 21, denying that Ballard reported being exposed to COVID-19 – and rather, that she asked off for work on May 16 due to an unspecified illness.
“On Monday, May 18, 2020, the Highland Park’s Director of Nursing and its Administrator learned of Ballard’s claim that she had been exposed to COVID-19. By way of further response, the decision to terminate Ms. Ballard’s employment had already become effective,” the answer stated.
“By way of further response, upon information and belief, Ballard did not have a prolonged exposure to an individual with a confirmed case of COVID-19.”
In new matter, the defendant said the complaint failed to state a claim against Highland Park upon which relief can be granted.
“The complaint does not state a claim for wrongful termination. Highland Park terminated Ballard’s employment for legitimate reasons that did not violate public policy. Highland Park’s termination of Ballard’s employment was undertaken in good faith. Ballard failed to mitigate her damages, if any,” per the new matter.
“Highland Park’s decision to terminate Ballard’s employment was unrelated to her claim that she had been exposed or potentially exposed to COVID-19. When Ballard reported off for work on May 16, 2020, she reported off due to an unspecified illness and did not report that she had been exposed or potentially exposed to COVID-19. After May 16, 2020, Ballard claimed for the first time to have experienced a prolonged exposure to an individual with a confirmed case of COVID-19.”
UPDATE
Ballard’s counsel filed a reply to the company’s new matter on Jan. 13, largely denying its conclusions and contending the plaintiff did in fact attempt to mitigate her damages.
“In response, the allegations…are legal conclusions to which no response is deemed necessary. To the extent a response is deemed necessary, they are denied. By way of further response and without waiving any of the foregoing, Ballard mitigated her damages by actively searching for and obtaining new employment after her illegal termination,” the reply stated, in part.
“Plaintiff respectfully requests that this Honorable Court enters judgment in her favor as requested in her complaint.”
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 is represented by Stephen A. Antonelli and Alexandra G. Farone of Babst Calland Clements & Zomnir, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-011291
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com