Dominion Energy Accused of Terminating Employee for Remote Work Request Following Medical Leave
Despite dealing with a breast cancer diagnosis and complications from surgery, plaintiff Stephanie Arble was allegedly threatened by her manager at Dominion Energy Ohio that it would be "insubordination" if she did not come into the office on returning from medical leave.
November 13, 2024 at 11:48 AM
3 minute read
Employment LawA woman accused her former employer of firing her in retaliation for requesting to work remotely following a breast cancer diagnosis, according to a new suit filed in an Ohio federal court.
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in federal and state courts.
According to a complaint filed Monday in the U.S. District Court for the Northern District of Ohio, Dominion Energy Ohio is accused of threatening and terminating a high-performing employee returning from a Family and Medical Leave Act absence.
The plaintiff, Stephanie Arble, worked remotely for years before going on medical leave following a breast cancer diagnosis in early 2023. On her return, Dominion asked her to come into the office with a hybrid schedule. As she was battling cancer, Arble's doctor recommended that she limit her time spent in the office. Arble believed that based on her seniority and her medical documentation that she would be granted accommodations under the Americans with Disaiblities Act.
Arble's union representative informed her that she could remain fully remote, if she wanted. However, Arble was allegedly threatened by her manager, Ruth Rachel Przybojewski, that it would be "insubordination" if she did not come into the office.
In her complaint, Arble, 40, claimed that Dominion lied about contacting her medical personnel team about her complications from sugery earlier in the year.
In September 2023, she was terminated for alleged insubordination and "performance concerns," according to the complaint.
"[Arble] was blindsided by the termination as her disciplinary record over the past 15 years has been devoid of any significant concerns, especially those related to her performance," the complaint said.
Przybojewski reportedly stated that she wanted to hire "recent college grads" to fill Arble's position, while Dominion then hired around 20 employees, many of them "significantly younger," in the same or similar positions as Arble.
Arble sued for discrimination, failure to accomodate and retaliation under the ADA and FMLA, along with the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, and the Ohio Laws of Discrimination, Revised Code Chapter 4112.
"[Dominion Energy] discriminated against plaintiff because of her disability by taking the following non-exhaustive list of actions: terminating her employment, retaliating against her for taking medical leave, and/or by otherwise discriminating against her in the terms, privileges and conditions of employment," the complaint said.
The suit is seeking damages for back pay and benefits, front pay, and punitive damages of no less than $75,000, along with expert witness and attorney fees.
The suit was filed by The Friedmann Firm in Hilliard, Ohio.
Dominick Kocak and Rachel Sabo Friedmann of The Friedmann Firm did not respond to a request for comment. Counsel has yet to appear for Dominion Energy Ohio in the case.
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