A former employee is taking legal action against a prominent casino operator, alleging discriminatory practices and wrongful termination. Michael Ricci filed a complaint against Rush Street Gaming, LLC, doing business as Rivers Casino Philadelphia, in the United States District Court for the Eastern District of Pennsylvania on June 10, 2024.
Ricci claims that his termination was rooted in discrimination due to his severe back issues, which qualify as disabilities under both the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA). Ricci had been employed by Rivers Casino since October 2014 as a Dual Role Shift Manager. His medical conditions include radiculopathy and muscle spasms in various regions of his back, significantly limiting his ability to perform major life activities such as standing and walking.
In February 2023, Ricci requested Intermittent Family and Medical Leave Act (FMLA) leave to manage his health conditions. His request was approved by the casino's Director of Human Resources, Melissa Garwood. However, an incident on March 2, 2023, led to a series of events culminating in Ricci's termination. On that day, after completing his shift at around 3:15 pm and experiencing severe back pain, Ricci called his direct supervisor Alex Gomez to confirm if he needed to stay for the next shift due to another employee's absence. Gomez allowed him to use his FMLA leave for that day.
Despite following protocol and handing over his keys to another manager before leaving the casino premises, Ricci received a call from Garwood the next day informing him of his suspension for leaving work early. Less than 24 hours later, managers Jim Moore and Aaron Harvey informed him of his termination due to alleged performance issues.
Ricci contends that these actions were retaliatory measures taken because he exercised his rights under ADA and FMLA laws. He argues that similarly situated employees without disabilities were treated more favorably and that the reasons given for his termination were pretextual.
The lawsuit accuses Rush Street Gaming of multiple violations including disability discrimination under ADA and PHRA statutes, retaliation under both acts for requesting reasonable accommodations, interference with FMLA rights by not honoring approved leave requests properly, and retaliating against him for using those rights.
Ricci seeks compensatory damages for lost wages and benefits along with punitive damages for emotional distress caused by what he describes as willful misconduct by Rivers Casino Philadelphia. He also demands liquidated damages under FMLA provisions which could potentially double any awarded compensation due to bad faith actions by the employer. Additionally sought are attorney fees incurred during litigation alongside costs associated with bringing forth this case.
Representing Michael Ricci are attorneys David M. Koller and Jordan D. Santo from Koller Law LLC based out of Philadelphia while presiding over this matter is Judge Joshua D Wolson under Case ID: 2:24-cv-02535-JDW.