EAST ST. LOUIS - A former employee of Granite Nursing Rehabilitation Center (GNRC) is suing the company for allegedly terminating her employment in retaliation for reporting sexual abuse and then requesting additional sick time when diagnosed with COVID-19.
Nakesha Clark filed a lawsuit in the U.S. District Court for the Southern District of Illinois against Granite Nursing Rehabilitation Center, LLC, citing unlawful termination in violation of whistleblower laws and COVID-19 employee protection laws.
According to the lawsuit, Clark was an employee of GRNC. She alleges that on Nov. 22, 2020, she reported suspected sexual abuse of a resident by another resident with a history of sexual assault to state authorities. Following the investigation, the Illinois Department of Public Health found GRNC in violation of state regulations and fined the company.
Clark then alleges that in December 2020, she contracted COVID-19. She claims GRNC refused to provide her with necessary and required employee leave, instead requiring her to work her shifts. GRNC eventually tested Clark and found that she had indeed tested positive for COVID-19, so she stayed home from work for nine days until GRNC demanded that she return to work. Clark claims she was still experiencing the symptoms of COVID-19 and requested that she stay home from work until she recovered. GRNC instead terminated her when she refused to return to work.
The plaintiff claims that because of these two incidents, GRNC allegedly terminated her employment in retaliation. In doing so, the defendant violated the Family Medical Leave Act (FMLA), the Emergency Paid Sick Leave Act (EPSL), the Nursing Home Care Act, and the Whistleblower Act.
Clark is demanding a trial by jury to determine punitive damages for retaliatory termination, pain and suffering and damage to her reputation. She also seeks court costs, attorney fees and any other relief the court deems proper. She is represented in this case by attorney Laura E. Schrick of Mathis, Marifian & Richter, LTD. in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:22-CV-00599-JPG