SCRANTON - A former employee of Mountain View: A Nursing and Rehabilitation Center, Coal Township, has sued the firm claiming she was forced to resign after taking time to recuperate from a shoulder injury.
Renee McAnnaney, Coal Township, filed the lawsuit in U.S. District Court, Scranton, Tuesday, alleging Mountain View's corporate owner, Complete Healthcare Resources, Dresher, fired her for taking a leave of absence pursuant to the Family and Medical Leave Act (FMLA) of 1993.
According to her lawsuit, McAnnaney took leave from Nov. 16, 2011, to Feb. 1, 2012, within the 10 to 12 weeks allowed by FMLA, to heal a rotator cuff tear. Within a few days of her return, she says a supervisor made the comment, "We are working to get (McAnnaney) out of here," according to the suit.
Also upon her return, McAnnaney claimed the supervisor "intensely scrutinized her performance."
"This scrutiny was much greater in comparison to (McAnnaney's) coworkers," according to the suit.
McAnnaney claims the supervisor made derogatory comments toward her on Feb. 24 and she was sent home for the day for a dress-code violation.
"(McAnnaney) was never permitted to return to work after Feb. 24, 2012, and was informed that she was going to be terminated for alleged poor performance," the suit alleges.
On March 1, McAnnaney resigned in lieu of termination, following the direction of her union representative.
The suit states McManney has suffered great damage because the company violated the FMLA and her rights; she has not been able to find equivalent employment since, it claims.
McAnnaney is seeking to return to her job and receive all lost pay, bonuses and benefits, as well as attorney's fees and costs and any other relief the court sees fit.
The administrator at Mountain View did not return a call Wednesday seeking comment.