McKim's attorney, Anthony T. Bowser from Krevsky Bowser LLC, detailed that McKim was terminated on May 19, 2022, after raising concerns about health and safety violations at Penn Highlands Huntingdon (PHH). These included improper disposal of medical waste, defective equipment, mold issues in the Rehabilitation Center, violations of the NFPA 101 Life Safety Code, roof problems, and ventilation system issues. McKim also reported misclassification of employees which led to denial of overtime pay.
The plaintiff claims that his termination was retaliatory for reporting these concerns to hospital management and HR Director Susan Hess. McKim alleges that his job duties primarily involved manual labor tasks despite being classified as an exempt employee with a salary of approximately $87,000 in 2021.
Mr. McKim alleges that multiple employment laws have been broken including Wage Payment and Collection Law, Pennsylvania Minimum Wage Act, Fair Labor Standards Act (FLSA), Pennsylvania's Whistleblower Law, and public policy wrongful discharge.
Mr. McKim has filed a lawsuit against his former employer, PHH, in the Court of Common Pleas of Huntingdon County, Pennsylvania. The case, identified as No. 2022-1224 and filed on April 9, 2024
McKim seeks back pay and benefits, reinstatement or front pay if reinstatement is not feasible, incidental damages, liquidated damages, compensatory damages, punitive damages, reasonable attorneys’ fees and costs, interest on any awarded amounts, an order prohibiting further violations by PHH against employees' rights under the relevant statutes addressed in the complaint.