A former employee has filed a lawsuit against his previous employer, alleging multiple counts of discrimination and wrongful termination. On June 3, 2024, David Flemming lodged a complaint in the United States District Court for the Eastern District of Pennsylvania against LCB Senior Living L.L.C., LCB Bala Cynwyd, LLC, and LCB Personnel, LLC.
Flemming's complaint outlines a series of alleged discriminatory practices by his former employers under several statutes including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Pennsylvania Human Relations Act (PHRA). According to Flemming, he was employed as Director of Restaurant Operations from April 2022 until his termination on May 5, 2023. During his tenure, Flemming claims he experienced severe back pain and numbness in his toes due to the physically demanding nature of his job which required him to work excessive hours as both a director and a cook due to staff shortages.
Flemming alleges that despite notifying his superiors about his medical condition and requesting reasonable accommodations—such as additional cooking staff from other locations—his requests were ignored or redirected without resolution. The situation escalated when Flemming's physician recommended a ten-day medical leave for treatment. Although initially granted leave, upon attempting to return to work, Flemming was informed he needed additional medical documentation which he could not provide until a later date. This led to further complications culminating in his termination on May 5, 2023.
The complaint accuses the defendants of using poor work performance as a pretext for firing him. Flemming contends that his termination was actually due to age discrimination (he was fifty years old at the time), disability discrimination, retaliation for requesting accommodations under ADA and PHRA, and interference with his rights under FMLA.
In seeking redress from the court, Flemming is asking for compensatory damages including back pay, front pay, loss of benefits, future earning power loss compensation along with punitive damages for emotional distress such as embarrassment and humiliation. Additionally, he seeks liquidated damages under FMLA provisions along with attorneys' fees and other related costs.
Represented by Sidney L. Gold from The Gold Law Firm P.C., Flemming’s case has been assigned Case ID: 2:24-cv-02390-KSM with Judge Kearney presiding over it.