MEDIA — A worker alleges he was wrongfully terminated for refusing to show up for work while experiencing symptoms while awaiting his COVID-19 test results.
John Pescatore filed a complaint in Delaware County Court of Common Pleas against Ron Wise Auto Body Inc., alleging wrongful termination.
Pescatore, according to his suit, was hired as a detailer at Ron Wise Auto Body in 1993. He claims he had a "satisfactory work performance" and in 2020, was promoted to shop manager. Pescatore further claims that on Dec. 13, 2020, he began to experience COVID-19 symptoms and went to get a COVID-19 test that would later turn out to be positive. He alleges he informed the shop's owner Ron Wise that he was awaiting the results of his test and that Wise instructed him to report to work despite his symptoms.
Pescatore claims that out of concern for his co-workers and in accordance with Governor Wolf's order to remain home while experiencing COVID-19 symptoms, he instead requested medical leave in order to isolate. He further claims that when he returned to work on Jan. 4, 2021, he was abruptly terminated and that he was only following his legal obligation to refrain from work while having COVID-19 symptoms.
Pescatore seeks monetary relief, interest and all other just relief. He is represented by David Koller of Koller Law LLC in Philadelphia.