EAST ST. LOUIS – A wrongful termination suit filed by a former St. Paul's employee who sought worker's compensation benefits was removed to federal court by the professional employment organization that hired her.
The lawsuit was originally filed on March 31, 2022 by plaintiff Kelnesha Nelson in the St. Clair County Circuit Court against St. Paul's Senior Community, LLC and ADP Totalsource, Inc., citing wrongful termination in violation of the Illinois Worker's Compensation Act.
ADP Totalsource filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Sept. 15 through attorney Nadine C. Abrahams. The defendant argues complete diversity of jurisdiction exists in this matter. Abrahams explains that ADP Totalsource is a citizen of Florida, defendant St. Paul's Senior Community is a citizen of Missouri, plaintiff Nelson is a citizen of Illinois and the amount in question likely exceeds $75,000.
In the original complaint, Nelson alleges she was an employee of St. Paul's Senior Community and was injured on the job. She alleges that on Oct. 16, 2019, she was in the process of filing for worker's compensation when she was suddenly terminated by St. Paul's in violation of the Illinois Worker's Compensation Act.
Nelson claims her termination has caused her to suffer mental anguish, lose income, damaged her reputation, and negatively impacted her credit rating.
St. Paul's later named ADP Totalsource, Inc. as a third party defendant because ADP had entered into a "Client Services Agreement" to act as a Professional Employer Organization for St. Paul's and that ADP, in fact, hired Nelson to work for St. Paul's and was responsible for her supervision and termination.
The plaintiff is seeking damages in excess of $50,000 plus court costs, and any other relief the court deems proper. She is represented in this case by attorney D. Jeffrey Ezra of Byron, Carlson, Petri & Kalb, LLC in Edwardsville.
U.S. District Court for the Southern District of Illinois case number 3:22-CV-02167-DWD