PITTSBURGH – An employee of a carpet cleaning service claims that he was wrongfully terminated during the COVID-19 pandemic, when he objected to working in areas where social distancing and wearing of protective personal equipment was not being practiced.
Zachary Holtzman of McKeesport filed suit in the Allegheny County Court of Common Pleas on March 12 versus Cleaning Services Corporation (doing business as “ServiceMaster Carpet & Upholstery”), of Pitcairn.
According to the complaint, Holtzman was hired as a full-time area manager for the defendant near the end of 2019. During that time, the plaintiff resided with his elderly grandfather, for whom he provided care.
In March 2020, the suit explains that the COVID-19 pandemic took hold across the country, leading to Allegheny County issuing a stay-at-home order. Over the course of the pandemic, the stay-at-home orders were revised and the county began to let people return to work.
“Plaintiff advised defendant that because he cared for his elderly grandfather, who is an at-risk person for severe COVID-19, he could only work in situations where people could and did heed social distancing guidelines and wear appropriate PPE. In June of 2019, defendant sent plaintiff to the Jewish Community Center in the South Hills area of Pittsburgh,” the suit states.
“On June 19, 2020, plaintiff observed that people were not social distancing and not wearing PPE in the immediate areas in which plaintiff worked. When plaintiff stated that he could not work where COVID-19 precautions were not being followed, defendant sent plaintiff home. Defendant thereafter terminated plaintiff’s employment.”
The plaintiff alleges this action was in violation of county and state policies pertaining to COVID-19.
“As a direct and proximate result of defendant’s wrongful conduct, plaintiff suffered from the following injuries and damages: Lost income and his financial security, damage to his reputation, embarrassment, shame and emotional distress, a diminution in enjoyment of his life, a diminishing ability to earn wages, pain and suffering and attorney’s fees and costs,” per the suit.
For a count of wrongful termination in violation of state public policy, the plaintiff is seeking damages in excess of $35,000, plus interest and costs.
The plaintiff is represented by David M. Kobylinski and Peter T. Kobylinski of Praetorian Law Group, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-002210
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com