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PENNSYLVANIA RECORD

Saturday, September 28, 2024

Former Employee Sues Major Dining Services Company Over Retaliation and Interference with Medical Leave Rights

Federal Court
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A former employee has taken legal action against a major dining services company, alleging severe workplace retaliation and interference with her medical leave rights. Faydra Hunter filed the complaint in the United States District Court for the Western District of Pennsylvania on June 12, 2024, targeting Compass Group USA, Inc., operating as Chartwells Dining Services.

The lawsuit stems from Ms. Hunter's employment with Chartwells starting January 7, 2020, where she worked as a Food Service Utility worker. According to the complaint, her job duties involved using various solvents and cleaning solutions that led to her developing dyshidrotic eczema—a chronic skin condition characterized by painful blisters and scarring. Despite seeking medical treatment and requesting Family and Medical Leave Act (FMLA) leave due to her worsening condition, Ms. Hunter alleges that her employer not only delayed processing her FMLA paperwork but also retaliated against her through increased scrutiny and disciplinary actions.

In late January 2024, Ms. Hunter submitted a grievance against her direct manager Rashelle Marshall for hostile behavior, including refusing to provide necessary protective gloves unless a doctor's note was presented. Following this grievance, Ms. Hunter claims she faced further retaliation when she received multiple write-ups for minor infractions such as taking unapproved rest breaks and using her phone during shifts. On January 31, 2024, she formally requested FMLA leave but encountered significant delays orchestrated by Ms. Marshall and Human Resources personnel.

Ms. Hunter’s ordeal continued when she attempted to file an incident report regarding her overexposure to chemicals on February 7, 2024—an effort that was rebuffed by Safety Instructor Lynn Bowser who claimed her condition did not qualify for workers' compensation. Upon returning from FMLA leave on February 26, 2024, Ms. Hunter alleges that she was subjected to hyper scrutiny and isolation tactics designed to facilitate her termination based on trivial violations.

The situation escalated on February 28, 2024, when an altercation with Ms. Marshall led to Ms. Hunter being sent home early after calling the police due to harassment concerns. Subsequent meetings intended to address grievances only resulted in further reprimands without allowing Ms. Hunter an opportunity to defend herself.

Ultimately terminated on March 6, 2024—allegedly for taking an unapproved break—the plaintiff asserts that this action was pretextual and rooted in retaliation for exercising her FMLA rights and attempting to file a workers' compensation claim.

Ms. Hunter seeks back pay, front pay, liquidated damages, compensatory damages for emotional distress and anxiety, punitive damages, attorney’s fees, and other related costs from the court.

Representing Ms. Hunter is Joshua P. Ward of J.P Ward & Associates LLC while the case will be overseen by Judge Patricia L Dodge under Case ID: 2:24-cv-00856-PLD.

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