Nurse sues over termination
A Fredericktown woman is suing a Uniontown company in federal court for allegedly violating her rights under the Family Medical Leave Act, the Americans with Disabilities Act and the Pennsylvania Human Relations Act.
Tracy Gilmore contends she was fired from her job as a registered nurse with DSI Uniontown Dialysis after taking a medical leave in August 2012 due to serious back pain and problems regulating high blood pressure because of that pain.
Gilmore’s doctor provided documentation of the medical problems, and advised Gilmore to remain off work, according to the suit. On Oct. 5, 2012, Gilmore provided DSI Uniontown Dialysis with forms indicating the nature of her medical problems and indicating that she should remain off work until Nov. 2, 2012, the suit contended.
DSI Uniontown Dialysis acknowledged receipt of the forms and granted Gilmore medical leave under FMLA Oct. 11, 2012, but only granted leave for six days, and requested additional medical documentation to extend that leave. Gilmore’s complaint states her doctor provided that documentation Oct. 17 and stated she should remain off work an additional two weeks.
Gilmore then received a letter dated Oct. 23, 2012, giving her the option of returning to work immediately, provide additional medical documentation or resign, the complaint alleged.
Gilmore then hand-delivered documentation to permit her absence until November, the complaint alleged. Another letter, also dated Oct. 23, informed Gilmore that her employment was being terminated as of Oct. 30, 2012, for job abandonment, she alleged.
Gilmore is seeking damages in excess of $25,000 for lost wages, medical expenses and legal expenses. She is asking for a jury trial.