Woman sues former employer over stressful commute (1 Viewer)

[Christo]

A Berlin woman who says busy roads worsen her anxiety has sued a former employer who refused to change her schedule to avoid rush-hour traffic.

Andrea DeGerolamo also contends Fulton Financial Corp. fired her in May 2013 in retaliation for her efforts to address alleged workplace bias.

Her lawsuit, which seeks unspecified financial damages, asserts Fulton Financial’s actions violated the state’s Law Against Discrimination.

An attorney for Fulton Financial, based in Lancaster, Pa., could not be reached for comment Monday.

In her lawsuit, DeGerolamo says she joined Fulton Financial as a marketing consultant in 2007 and took a medical leave in August 2012.

Around that time, DeGerolamo “began to feel great anxiety and depression, which was especially aggravated by crowded roadways experienced during the heavy traffic of rush hour,” the suit says.

“Her medical condition qualified her as being disabled,” it asserts.

When DeGerolamo returned from leave in November 2012, she requested a work shift “by which she could come in after morning rush hour and leave prior to evening rush hour.”

The lawsuit asserts that change, requested “at the mandate” of DeGerolamo’s doctor, would have been a reasonable accommodation for the woman’s disability.

According to the lawsuit, Fulton Financial changed DeGerolamo’s schedule for a short period, then made no effort to accommodate her. The suit also says DeGerolamo returned from leave to find her duties were downgraded improperly to “clerical-type work.”

DeGerolamo objected through her firm’s ethics review board in May 2013 but never heard back about the complaint; instead, she was terminated on May 17, the lawsuit says.

The suit, initially filed in Superior Court in Camden County in May, was moved last week to federal court in Camden at Fulton Financial’s request.

Ben Friedman, a Marlton attorney representing DeGerolamo, could not be reached.


Reach Jim Walsh at jwalsh@courierpostonline.com or (856) 486-2646.

http://www.courierpostonline.com/story/news/local/south-jersey/2014/06/23/woman-files-suit-former-employer-anxiety-driving/11295415/

Hey, lady!

 

[Insein]

Thefuq...

 

[FreeBaGeL]

So it's not just in the US that there are frivolous lawsuits.

 

[tdoss]

So it's not just in the US that there are frivolous lawsuits.

Berlin, PA

 

[Andrew74]

Funny that she wanted to come in after the morning rush and leave before the evening rush.

 

[RCon]

Funny that she wanted to come in after the morning rush and leave before the evening rush.

Yeah, I'd feel a lot more sympathy if she wanted to come in before the morning rush or leave after the evening rush.

 

[IvanKaramazov]

Around that time, DeGerolamo “began to feel great anxiety and depression, which was especially aggravated by crowded roadways experienced during the heavy traffic of rush hour,” the suit says. “Her medical condition qualified her as being disabled,” it asserts.

In fairness, most women are disabled when it comes driving on roadways.

 

[Insein]

Around that time, DeGerolamo began to feel great anxiety and depression, which was especially aggravated by crowded roadways experienced during the heavy traffic of rush hour, the suit says. Her medical condition qualified her as being disabled, it asserts.

In fairness, most women are disabled when it comes driving on roadways.

Amirite fellas...

 

[psychobillies]

So if you don't like traffic, you're disabled now? I'd like to sue her doctor for the right to punch him in the throat.

 

[mquinnjr]

Awww...poor girl.

 

[NCCommish]

The suit, initially filed in Superior Court in Camden County in May, was moved last week to federal court in Camden at Fulton Financial’s request.

I am going to guess there was a pretty good reason for this.

 

[FreeBaGeL]

So it's not just in the US that there are frivolous lawsuits.

Berlin, PA

 

[Christo]

The suit, initially filed in Superior Court in Camden County in May, was moved last week to federal court in Camden at Fulton Financial’s request.

I am going to guess there was a pretty good reason for this.

Couldn't find the reason from the article. Usually a defendant can remove a lawsuit from state to federal court if the case could have been brought there originally. The two main reasons are diversity and federal question. But from the article it says she pleaded state law claims and Fulton is based in PA. So your guess is as good as mine.

 

[Penguin]

Those Amish buggies make the Lancaster commute brutal.

 

[Baloney Sandwich]

Sad thing is she will probably receive a settlement. The company is going to burn through X amount of dollars in legal fees if they take it to court with an unsure outcome. Easy and better to just offer X (estimated legal fees) and know there is no chance you have to fork over more dollars to this crazy broad.

 

[STEADYMOBBIN 22]

Sad thing is she will probably receive a settlement. The company is going to burn through X amount of dollars in legal fees if they take it to court with an unsure outcome. Easy and better to just offer X (estimated legal fees) and know there is no chance you have to fork over more dollars to this crazy broad.

This is becoming less and less of an issue as most companies now winding up and keep lawyers on staff/salary who deal with this all day long.

 

[Baloney Sandwich]

Sad thing is she will probably receive a settlement. The company is going to burn

through X amount of dollars in legal fees if they take it to court with an unsure outcome. Easy and better to just offer X (estimated legal fees) and know there is no chance you have to fork

over more dollars to this crazy broad.

This is becoming less and less of an issue as most companies now winding up and keep lawyers on staff/salary who deal with this all day long.

I work for a very large recruiting firm that is faced with these issues on a regular basis. Our legal department is over 20 people. However, when we are engaged in a dispute headed for trial 100% of the time we take on outside counsel. I would imagine most companies do the same.