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Law360 (Jan. 8, 2021, 8:31 p.m. EST) – Nursing home operator Alaris Health LLC has been indicted by a former marketing director who claimed he was not allowed to return to work after his battle with COVID-19 despite having medical clearance to do so.
Shakespeare Domenech alleged his dismissal was either in retaliation for taking disability leave while battling the virus or discrimination based on perception that he was still infected, according to his lawsuit in New Jersey court on Jan. 6 .
Domenech, former director of marketing for physicians in the New Jersey-based company’s clinical community, also alleged that Alaris failed to provide personal protective equipment to workers in certain facilities and asked him to perform nursing duties even though his license had expired.
“The plaintiff was the subject of retaliation in violation of the Conscientious Employee Protection Act and the New Jersey Law Against Discrimination,” the complaint said.
Domenech claims damages; Loss of wages, wages and benefits; Damage to mental stress; Punitive damages; and legal fees.
According to the complaint, Domenech started working for Alaris in December 2017 and was “well performing” in his position.
When the pandemic prevented him from visiting community centers, doctor’s offices, hospitals, recreation centers and other places, he claimed a manager “pressured” him to sign a new job description that included approvals and liaison work.
Domenech’s nursing license had expired, but his supervisors continued to ask him to work as a nurse at the company’s facility in Kearny, New Jersey, where the complaint said there were active COVID-19 cases. Domenech protested because he was taking care of his elderly, immunocompromised father, the complaint said.
Domenech claimed he was then asked to work as a nurse at Alaris’ facility in Rahway, New Jersey, where he found that personal protective equipment was not provided. He rejected the nursing director on the grounds that his nursing license had expired and that no personal protective equipment had been provided, the complaint said.
On April 3, Domenech tested positive for COVID-19 and was on medical leave, the complaint said. After he recovered, he emailed his manager on May 15 that he wanted to return to work and asked if he could work remotely to avoid re-infection and to protect his father .
The supervisor replied that he could not work remotely, but could take time off under the Family and Sick Leave Act to protect his father, the complaint said. Domenech couldn’t afford to withdraw so he visited a doctor and, according to the complaint, received medical clearance to return to work.
Domenech reported at the Rahway site, as previously instructed by his supervisor, only to be sent home because he was not allowed to return to work, the complaint said. He alleged that his email account was later canceled and that he had not received a response to his multiple inquiries about his job status.
Attempts to reach Alaris representatives by phone and email were unsuccessful.
A Domenech lawyer declined to comment.
Domenech is represented by Ronald J. Wronko from the law firms of Ronald J. Wronko LLC.
Legal advice for Alaris was not immediately known.
The case is Shakespeare Domenech v Alaris Health LLC et al., Case no. HUD-L-000056-21, New Jersey Supreme Court, Hudson County.
– Editing by Daniel King.
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