An Edwardsville asbestos law firm denies violating a former employee’s rights after her job duties were adjusted while she was on intermittent medical leave.
Flint Law Firm filed an answer to the second amended complaint on June 8 through attorney Caroline Vickrey of Johnson & Bell Ltd. in Chicago, denying that unlawful employment practices occurred.
Bobbie Jones filed the second amended complaint on March 9 through attorney Michelle Faron of McMichael Logan Schaeffer & Gilpin of Kirkwood, Mo.
According to the complaint, Jones was employed by Flint Law Firm as an asbestos litigation paralegal. She was hired in April 2014 and worked out of the principal office in Edwardsville. Jones claims she suffers from low back pain, sciatica, migraines, psoriatic arthritis, fibromyalgia, depression, sleep apnea, hidradenitis suppurativa, and insomnia. She alleges her employer was aware of her medical conditions that sometimes made physical movements difficult. Jones also allegedly had to attend scheduled doctor appointments, resulting in occasional tardiness or absences.
Jones alleges her supervisor, Laci Whitely, indicated that it was not a problem if Jones missed work occasionally for appointments. Jones alleges she was still able to complete the essential functions of her job.
The suit states that in July 2017, firm partner Jacob Flint learned of Jones’ tardiness and sent her an email reprimanding her.
In August 2017, Jones claims she requested intermittent leave pursuant to the Family and Medical Leave Act, which was approved on Aug. 21, 2017. She alleges her intermittent leave did not interfere with her work performance.
A few weeks later, Jones claims Flint sent her an email assigning her different job duties while she was on FMLA, making her a back-up paralegal. Her work station was also moved to another location. Jones alleges that from August 2017 to August 2018, there was a high turnover in her former position as an asbestos paralegal. As a result, she claims she frequently performed her prior job duties but without the title of the position.
Jones alleges she asked to have her former job position back and was told she could return to her prior position when she was no longer on FMLA. Then in December 2017, her job duties were changed to include the duties of a backup receptionist.
Jones resubmitted her FMLA request in January 2018, which was approved. Jones claims she was later terminated for “reduction of workforce” in August 2018 after her prior paralegal position was posted for new employment. She claims employees who began working after she was hired in 2014 were not subjected to the reduction in workforce.
Jones alleges violation of the Americans with Disabilities Act and violation of the Family and Medical Leave Act.
“Despite the plaintiff’s seniority and ability to do the job, plaintiff was terminated while individuals who were not disabled or perceived to have a disability with less seniority did not lose their jobs,” the suit states.
Jones seeks reinstatement, damages and injunctive relief.
Flint Law Firm previously sought to dismiss Jones’ first amended complaint, arguing that the defendant communicated with the plaintiff about her absences and tardiness in July 2017. The next month, Jones was approved for intermittent FMLA leave. In response, her daily job duties were changed to accommodate her intermittent leave, but her official title, compensation and benefits were not changed.
The defendant also argued that Jones failed to allege that her disability and FMLA leave were causally related to her discharge from the firm.
The motion was deemed moot after Jones sought to file a second amended complaint.
Magistrate judge Reona Daly ordered the parties to conduct a settlement conference and set the meeting for July 1 at 9:30 a.m.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-333