For immediate release
PITTSBURGH – A Pennsylvania woman has accused a Pittsburgh-based care facility of discrimination and retaliation after she was terminated from her position in the wake of an on-the-job wrist injury.
According to a civil complaint filed in the Western District Court of Pennsylvania, Plaintiff Nicole Barker began working for Oakmont Care, a residential care facility, in January 2019 as a full-time laundry room attendant. Ms. Barker was responsible for gathering laundry from the residents of the facility, washing, drying, and folding the laundry, and hanging the residents’ clothing, according to the complaint.
Ms. Barker allegedly injured her wrist while working in June 2019, which resulted in a diagnosis of De Quervain’s Tenosynovitis, a painful disorder of the hand and wrist. According to the filing, Ms. Barker reported the injury to her supervisor and was instructed to fill out the appropriate Workers’ Compensation paperwork. She was then instructed to wait for a response from the company’s Human Resources Department which would inform her of how to proceed, according to the complaint. Ms. Barker alleged that, after two weeks, she had not heard from the HR department, and the pain in her wrist had increased.
According to the complaint, Ms. Barker had her wrist examined by her own doctor and subsequently received her diagnosis. She then informed another supervisor and requested time off, per orders of her doctor, according to the complaint. Ms. Barker alleged that she, again, requested information on Workers’ Compensation, but was not provided with any assistance by the company.
As a result, she provided a doctor’s note which indicated that she needed time off of work in order for her injury to heal, according to the filing. It was shortly after the submission of her note that Ms. Barker was allegedly terminated from her position. According to the complaint, Oakmont Care cited attendance issues as the reason for her termination.
Lead Attorney Prabhu Narahari asserted violations of the Workers’ Compensation Act and the Americans with Disabilities Act. Specifically, Attorney Narahari has accused Oakmont Care of retaliation against Ms. Barker for her assertion of rights under the Workers’ Compensation Act and discrimination based on her injury.
Prior to the filing of the lawsuit, Ms. Barker filed a complaint through the Equal Employment Opportunity Commission and was provided a right to sue.
Ruppert Manes Narahari is a Pittsburgh-based employment law firm representing workers who have been wrongfully terminated, harassed, or cheated by their employers. The firm also provides business law-related services and represents small businesses and entrepreneurs in startup, transactional, and litigation matters.
For more information on the claims made by Ms. Barker against Oakmont Care, contact the law office of Ruppert Manes Narahari at 412-626-5626.
