Case 3:21-cv-01668 Document 1 Filed 12/15/21 Page 1 of 4
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF CONNECTICUT
`
`CHANUVANH DOUANGPAPHANH,
`
`Plaintiff,
`
`VS.
`
`THE HOSPITAL OF CENTRAL
`CONNECTICUT AT NEW
`BRITAIN AND BRADLEY
`MEMORIAL; HARTFORD
`HEALTHCARE, INC.,
`
`Defendant.
`
`:
`
`:
`
`Case No.:
`
`December 15, 2021
`
`Jury Trial Demanded
`
`COMPLAINT
`
`Plaintiff, Chanuvanh Douangpaphanh, by and through her attorneys, Sabatini and
`
`Associates, LLC, complaining of the defendants, respectfully alleges:
`
`PARTIES
`
`Plaintiff is a citizen of the State of Connecticut.
`
`Defendant The Hospital of Central Connecticut at New Britain and Bradley
`
`1.
`
`2.
`
`Memorial was and is a Connecticut special chartered corporation with a principal place of
`
`business located at 100 Grand Street, 1st Floor, New Britain, Connecticut 06052.
`
`3.
`
`Defendant Hartford Healthcare, Inc. was and is a Connecticut corporation with a
`
`principal place of business located at 1 State Street, Suite 19, Hartford, Connecticut 06103.
`
`Defendant Hartford Healthcare, Inc. controls defendant The Hospital of Central Connecticut at
`
`New Britain and Bradley Memorial.
`
`4.
`
`At all times material, plaintiff was an eligible employee as that term is defined by
`
`the FMLA.
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF CONNECTICUT
`
`CHANUVANH DOUANGPAPHANH,
`
`Plaintiff,
`
`VS.
`
`THE HOSPITAL OF CENTRAL
`CONNECTICUT AT NEW
`BRITAIN AND BRADLEY
`MEMORIAL; HARTFORD
`HEALTHCARE, INC.,
`
`Defendant.
`
`:
`
`:
`
`Case No.:
`
`December 15, 2021
`
`Jury Trial Demanded
`
`COMPLAINT
`
`Plaintiff, Chanuvanh Douangpaphanh, by and through her attorneys, Sabatini and
`
`Associates, LLC, complaining of the defendants, respectfully alleges:
`
`PARTIES
`
`Plaintiff is a citizen of the State of Connecticut.
`
`Defendant The Hospital of Central Connecticut at New Britain and Bradley
`
`1.
`
`2.
`
`Memorial was and is a Connecticut special chartered corporation with a principal place of
`
`business located at 100 Grand Street, 1st Floor, New Britain, Connecticut 06052.
`
`3.
`
`Defendant Hartford Healthcare, Inc. was and is a Connecticut corporation with a
`
`principal place of business located at 1 State Street, Suite 19, Hartford, Connecticut 06103.
`
`Defendant Hartford Healthcare, Inc. controls defendant The Hospital of Central Connecticut at
`
`New Britain and Bradley Memorial.
`
`4.
`
`At all times material, plaintiff was an eligible employee as that term is defined by
`
`the FMLA.
`
`1
`
`
`
`Case 3:21-cv-01668 Document 1 Filed 12/15/21 Page 2 of 4
`
`5.
`
`At all times material, defendants employed fifty or more employees at plaintiff’s
`
`former worksite for twenty or more weeks in 2019 and 2020 in an industry affecting interstate
`
`commerce. Accordingly, defendants are employers covered by the FMLA.
`
`JURISDICTION AND VENUE
`
`6.
`
`The Court has jurisdiction pursuant to 28 U.S.C. §133 1 and 28 u.s.c. §1343 and
`
`this action is brought pursuant to: the Family Medical Leave Act of 1993 (FMLA).
`
`7.
`
`This Court has personal jurisdiction over the Parties and venue is proper under 28
`
`U.S.C. § 1391(b).
`
`GENERAL ALLEGATIONS
`
`Defendants employed plaintiff.
`
`Plaintiff worked for the defendants as a Certified Pharmacy Technician at their
`
`8.
`
`9.
`
`pharmacy located at The Hospital of Central Connecticut.
`
`10.
`
`11.
`
`Plaintiff developed a serious health condition within the meaning of the FMLA.
`
`Plaintiff notified defendants that she needed to take a medical leave of absence to
`
`undergo surgery.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`Plaintiff requested FMLA leave.
`
`Defendants approved her request for FMLA leave.
`
`Plaintiff relied on defendants’ approval of FMLA leave.
`
`Plaintiff went out on leave and underwent surgery.
`
`Plaintiff returned to work following the surgery.
`
`While working one day, a nurse sent plaintiff home for the day because the nurse
`
`believed that plaintiff was experiencing post-operative complications.
`
`18.
`
`Defendants then terminated plaintiff for attendance.
`
`2
`
`
`
`Case 3:21-cv-01668 Document 1 Filed 12/15/21 Page 3 of 4
`
`19.
`
`The attendance defendant fired plaintiff over included time missed that plaintiff
`
`reasonably believed was time approved by the defendants as FMLA job-protected leave.
`
`20.
`
`Defendants terminated plaintiffs employment on December 16, 2019.
`
`FIRST COUNT
`(FMLA Discrimination/Retaliation)
`
`1.
`
`Plaintiff repeats and re-alleges the allegations set forth above as though fully set
`
`forth herein.
`
`21.
`
`22.
`
`Plaintiff invoked her right to FMLA-qualifying leave.
`
`Defendants retaliated against the plaintiff for exercising her rights under the
`
`FMLA by terminating her employment.
`
`23.
`
`As a result of defendant’s retaliation/discrimination, plaintiff suffered and
`
`sustained harms and losses including but not limited to: lost wages, lost employee/retirement
`
`benefits, and other expenses and financial losses that would not otherwise have been incurred.
`
`24.
`
`Defendants’ actions have been willful.
`
`SECOND COUNT
`(Interference with the Exercise of Rights under the FMLA)
`
`1.
`
`Plaintiff repeats and re-alleges the allegations set forth above as though fully set
`
`forth herein.
`
`25.
`
`Defendants interfered with plaintiffs rights under the FMLA by failing to
`
`designate her absences as job-protected.
`
`26.
`
`As a result of defendants’ interference, plaintiff suffered and sustained harms and
`
`losses, including but not limited to: lost wages, lost employee and/or retirement benefits, and
`
`other expenses and financial losses that would not otherwise have been incurred.
`
`27.
`
`Defendants’ interference have been willful.
`
`3
`
`
`
`Case 3:21-cv-01668 Document 1 Filed 12/15/21 Page 4 of 4
`
`DEMAND FOR RELIEF
`
`WHEREFORE, plaintiff prays for appropriate damages including: compensatory
`
`damages; damages for back pay, front pay, bonuses, personal, vacation, holiday and sick days;
`
`liquidated damages; reasonable attorneys’ fees; costs; interest; job restoration; prejudgment
`
`interest; post judgment interest; damages for extra taxes; for an injunction requiring the removal
`
`of any and all adverse information contained in plaintiff’s personnel file; for a trial by jury; and
`
`for all other just and proper relief.
`
`DATE: December 15, 2021
`
`dATES, LLC
`
`sq.
`
`Sabatini,
`No.: CT 198 9
`SABATINI AND
`1 Market Square
`Newington, CT 06111
`Tel. No.: (860) 667-0839
`Fax No.: (860) 667-0867
`Email: jsabatinisabatinilaw.com
`
`ATTORNEY FOR PLMNTIFF
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
