`E-FILED
` Wednesday, 11 November, 2020 09:17:48 AM
` Clerk, U.S. District Court, ILCD
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF ILLINOIS
`ROCK ISLAND DIVISION
`
`
`
`
`ANGELA ZEITLER,
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`PETERSEN HEALTH CARE
`MANAGEMENT, LLC, d/b/a ALEDO
`REHABILITATION & HEALTH CARE
`CENTER,
`
`
`
`
`
`
`
`
`
`
`
`Defendant
`
`
`
`
`
`
`)
`)
`)
`)
`) No.
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`Plaintiff, Angela Zeitler, by and through her attorneys, KATZ NOWINSKI P.C., by the
`
`COMPLAINT AT LAW
`
`undersigned, for her Complaint at Law against the Defendant Petersen Health Care Management,
`
`LLC, d/b/a Aledo Rehabilitation & Health Care Center, states:
`
`COUNT I– FMLA - INTERFERENCE with FMLA ENTITLEMENT
`
`
`1. Plaintiff brings Count I pursuant to the Family and Medical Leave Act, 29 U.S.C. §
`
`2601, et. seq.
`
`2. Angela Zeitler (hereinafter “Zeitler” or “plaintiff”) is and was at all times material
`
`hereto a resident of Aledo, Mercer County, Illinois.
`
`3. Defendant Petersen Health Care Management, LLC, d/b/a Aledo Rehabilitation &
`
`Health Care Center (hereinafter referred to as "Petersen" or “defendant”) is an Illinois Limited
`
`Liability Company, with its principal place of business in Peoria, Peoria County, Illinois, which
`
`operates Aledo Rehabilitation & Health Care Center in Aledo, Mercer County, Illinois.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 2 of 11
`
`2
`
`4. This court has subject matter jurisdiction pursuant to the Family and Medical Leave
`
`Act, 29 U.S.C. § 2601, et. seq, and 28 U.S.C. § 1331.
`
`5. At all times relevant to this cause of action, defendant operated Aledo Rehabilitation
`
`& Health Care Center at which plaintiff worked in Aledo, Mercer County, Illinois, in the Central
`
`District of Illinois, and all relevant incidents from which this cause of action arose occurred in
`
`the Central District of Illinois; therefore, venue is proper.
`
`6. Pursuant to Local Rule 40.1(F), the basis for filing in the Rock Island Division is that
`
`plaintiff worked in Mercer County, Illinois, and all relevant incidents from which this cause of
`
`action arose occurred in Mercer County, Illinois.
`
`7. Plaintiff was employed by Petersen from approximately April, 2019 until
`
`approximately July 8 or 9, 2020, as Administrator of Aledo Rehabilitation & Health Care Center.
`
`8. Defendant at all relevant times employed over 50 persons within a 75 mile radius and
`
`therefore is an “employer” for purposes of the Family and Medical Leave Act, 29 U.S.C. § 2601,
`
`et seq. (“FMLA”).
`
`9. Zeitler was an employee of Petersen, who, prior to June 23, 2020, had worked more
`
`than 1,250 hours of service for Petersen during the previous 12-month period and had been
`
`continuously employed by defendant for more than 12 months since the commencement of her
`
`employment in April, 2019.
`
`10. On or about June 19, 2020, Zeitler had requested, and Petersen had verbally
`
`approved, a period of leave under the FMLA for a surgical procedure, specifically a
`
`hysterectomy.
`
`11. On or about June 23, 2020, Zeilter had an emergency hysterectomy.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 3 of 11
`
`3
`
`12. On July 1, 2020, Tina Shehorn, defendant’s office manager, provided plaintiff with
`
`FMLA paperwork, which plaintiff was instructed to return within 15 days.
`
`13. Attached as Exhibit 1 is a true and correct copy of the FMLA paperwork signed by
`
`Dr. Rhonda Freed of Medical Arts Associates in Moline, Illinois.
`
`14. The first page of Exhibit 1 shows that the FMLA paperwork was faxed to defendant
`
`on July 13, 2020.
`
`15. Plaintiff returned the FMLA paperwork within 15 days of July 1, 2020.
`
`16. During her time off work after her surgery, although on leave, plaintiff continued to
`
`communicate with defendant’s employees, especially Ms. Shehorn and Sasha Wilson, the interim
`
`administrator, via text and e-mail regarding work issues.
`
`17. On or about July 3, 2020, Sasha Wilson texted plaintiff to inquire regarding and/or
`
`confirm plaintiff’s return date.
`
`18. Plaintiff responded to Wilson’s text confirming that plaintiff would be returning on
`
`Monday, July 13, 2020.
`
`19. On July 8, 2020, in the midst of working from home, including working on a project
`
`referred to as “Dashboard” and sending work-related texts at 8:40 a.m. and 8:45 a.m., Tina
`
`Shehorn sent plaintiff a text at 9:06 a.m. stating “I was told I have to mail your check.”
`
`20. The usual procedure for plaintiff was to come in to pick up her check.
`
`21. Being told that her paycheck had to be mailed was tantamount to being told plaintiff
`
`was fired.
`
`22. Accordingly, at 9:06 a.m. on July 8, 2020, plaintiff replied via text to Shehorn stating
`
`“Oh good lord … Why?”
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 4 of 11
`
`4
`
`23. Shehorn responded at 9:10 a.m. “Not sure per Sasha.”
`
`24. On July 8, 2020, plaintiff communicated to Sasha Wilson that she was planning on
`
`returning to work.
`
`25. On July 9, 2020 at 9:41a.m., plaintiff texted Wilson the following: “Tina said my
`
`check is being mailed. Does that mean I’m being fired or something?”
`
`26. Wilson never replied to plaintiff’s text.
`
`27. Instead, plaintiff noticed she was locked out of her work computer.
`
`28. Tina Shehorn then instructed plaintiff to return her keys.
`
`29. Thereafter, Wilson refused to answer plaintiff’s texts.
`
`30. Plaintiff was thereby terminated from employment by defendant on July 8 or 9, 2020.
`
`31. The decision to terminate plaintiff was based in part on Zeitler’s absences for her
`
`FMLA qualifying serious health condition, namely her emergency surgery for and recuperation
`
`from her hysterectomy, as well as her taking of FMLA leave for that FMLA qualifying serious
`
`health condition.
`
`32. Zeitler was therefore terminated from her employment with defendant while taking
`
`leave protected under the Family and Medical Leave Act, an interference in her FMLA right to
`
`have her job protected while on medical leave.
`
`33. Defendant later gave a false and pre-textual “stated” reason for the termination,
`
`indicating that Zeitler had allegedly quit on July 8, 2020, despite her text messages to the
`
`contrary and despite her continuing to perform work for defendant on July 8, 2020.
`
`34. The stated reasons are false and pre-textual in that Zeitler did, in fact, continue to
`
`work from home and clearly expressed to defendant that she had not quit.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 5 of 11
`
`5
`
`35. Defendant unlawfully interfered, restrained, denied, and discriminated against
`
`Plaintiff’s attempt to exercise her rights to FMLA leave in one or more of the following manners
`
`in violation of 29. U.S.C. § 2615(a):
`
`a. Discharged the Plaintiff on or about on July 8 or 9, 2020 in violation of the
`
`FMLA;
`
`b. Failed to provide documentation to Plaintiff concerning her rights;
`
`c. Failed to provide Plaintiff with a written designation notice;
`
`d. Failed to provide Plaintiff with protected leave when defendant knew of
`
`Plaintiff’s medical issues; and
`
`e. Terminated Plaintiff because of her serious health condition(s).
`
`36. As a proximate result of defendant’s violation(s) of the FMLA, plaintiff is entitled to
`
`and seeks recovery of damages under 29 U.S.C. § 2617(a) equal to the amount of back wages
`
`that she lost from July 9, 2020 through the date of trial, an additional amount equal to the lost
`
`employment benefits including pension, retirement payments and health insurance coverage
`
`payments, interest on all amounts at the prevailing rate, liquidated damages equal to the amount
`
`of lost wages, salaries, employment benefits, and other compensatory damages and interest on
`
`that amount.
`
`37. Pursuant to 29 U.S.C. § 2617(a)(3), Zeitler is entitled to and seeks recovery of
`
`reasonable attorneys’ fees, reasonable expert witness fees, and other costs of the action.
`
`38. Pursuant to 29 U.S.C. § 2617, Zeitler is entitled to and seeks equitable relief in the
`
`nature of reinstatement and/or front pay.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 6 of 11
`
`6
`
`WHEREFORE, Plaintiff Angela Zeitler hereby requests this court enter judgment in her
`
`favor and against Defendant Petersen Home Centers, LLC, in a just and reasonable amount for
`
`compensatory and liquidated damages, plus the costs of the action, and an amount equal to
`
`reasonable attorneys’ fees and expert witness fees, and grant such other and further equitable
`
`relief as the court deems necessary and appropriate.
`
`
`
`COUNT II – FMLA RETALIATION
`
`
`1. Plaintiff brings Count I pursuant to the Family and Medical Leave Act, 29 U.S.C. §
`
`2601, et. seq.
`
`2. Angela Zeitler (hereinafter “Zeitler” or “plaintiff”) is and was at all times material
`
`hereto a resident of Aledo, Mercer County, Illinois.
`
`3. Defendant Petersen Health Care Management, LLC, d/b/a Aledo Rehabilitation &
`
`Health Care Center (hereinafter referred to as "Petersen" or “defendant”) is an Illinois
`
`Limited Liability Company, with its principal place of business in Peoria, Peoria
`
`County, Illinois, which operates Aledo Rehabilitation & Health Care Center in Aledo,
`
`Mercer County, Illinois.
`
`4. This court has subject matter jurisdiction pursuant to the Family and Medical Leave
`
`Act, 29 U.S.C. § 2601, et. seq, and 28 U.S.C. § 1331.
`
`5. At all times relevant to this cause of action, defendant operated Aledo Rehabilitation
`
`& Health Care Center at which plaintiff worked in Aledo, Mercer County, Illinois, in
`
`the Central District of Illinois, and all relevant incidents from which this cause of
`
`action arose occurred in the Central District of Illinois; therefore, venue is proper.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 7 of 11
`
`7
`
`6. Pursuant to Local Rule 40.1(F), the basis for filing in the Rock Island Division is that
`
`plaintiff worked in Mercer County, Illinois, and all relevant incidents from which this
`
`cause of action arose occurred in Mercer County, Illinois.
`
`7. Plaintiff was employed by Petersen from approximately April, 2019 until
`
`approximately July 8 or 9, 2020, as Administrator of Aledo Rehabilitation & Health
`
`Care Center.
`
`8. Defendant at all relevant times employed over 50 persons within a 75 mile radius and
`
`therefore is an “employer” for purposes of the Family and Medical Leave Act, 29
`
`U.S.C. § 2601, et seq. (“FMLA”).
`
`9. Zeitler was an employee of Petersen, who, prior to June 23, 2020, had worked more
`
`than 1,250 hours of service for Petersen during the previous 12-month period and had
`
`been continuously employed by defendant for more than 12 months since the
`
`commencement of her employment in April, 2019.
`
`10. On or about June 19, 2020, Zeitler had requested, and Petersen had verbally
`
`approved, a period of leave under the FMLA for a surgical procedure, specifically a
`
`hysterectomy.
`
`11. On or about June 23, 2020, Zeilter had an emergency hysterectomy.
`
`12. On July 1, 2020, Tina Shehorn, defendant’s office manager, provided plaintiff with
`
`FMLA paperwork, which plaintiff was instructed to return within 15 days.
`
`13. Attached as Exhibit 1 is a true and correct copy of the FMLA paperwork signed by
`
`Dr. Rhonda Freed of Medical Arts Associates in Moline, Illinois.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 8 of 11
`
`8
`
`14. The first page of Exhibit 1 shows that the FMLA paperwork was faxed to defendant
`
`on July 13, 2020.
`
`15. Plaintiff returned the FMLA paperwork within 15 days of July 1, 2020.
`
`16. During her time off work after her surgery, although on leave, plaintiff continued to
`
`communicate with defendant’s employees, especially Ms. Shehorn and Sasha Wilson,
`
`the interim administrator, via text and e-mail regarding work issues.
`
`17. On or about July 3, 2020, Sasha Wilson texted plaintiff to inquire regarding and/or
`
`confirm plaintiff’s return date.
`
`18. Plaintiff responded to Wilson’s text confirming that plaintiff would be returning on
`
`Monday, July 13, 2020.
`
`19. On July 8, 2020, in the midst of working from home, including working on a project
`
`referred to as “Dashboard” and sending work-related texts at 8:40 a.m. and 8:45 a.m.,
`
`Tina Shehorn sent plaintiff a text at 9:06 a.m. stating “I was told I have to mail your
`
`check.”
`
`20. The usual procedure for plaintiff was to come in to pick up her check.
`
`21. Being told that her paycheck had to be mailed was tantamount to being told plaintiff
`
`was fired.
`
`22. Accordingly, at 9:06 a.m. on July 8, 2020, plaintiff replied via text to Shehorn stating
`
`“Oh good lord … Why?”
`
`23. Shehorn responded at 9:10 a.m. “Not sure per Sasha.”
`
`24. On July 8, 2020, plaintiff communicated to Sasha Wilson that she was planning on
`
`returning to work.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 9 of 11
`
`9
`
`25. On July 9, 2020 at 9:41a.m., plaintiff texted Wilson the following: “Tina said my
`
`check is being mailed. Does that mean I’m being fired or something?”
`
`26. Wilson never replied to plaintiff’s text.
`
`27. Instead, plaintiff noticed she was locked out of her work computer.
`
`28. Tina Shehorn then instructed plaintiff to return her keys.
`
`29. Thereafter, Wilson refused to answer plaintiff’s texts.
`
`30. Plaintiff was thereby terminated from employment by defendant on July 8 or 9, 2020.
`
`31. The decision to terminate plaintiff was based in part in retaliation for Zeitler’s
`
`absences for her FMLA qualifying serious health condition, namely her emergency
`
`surgery for and recuperation from her hysterectomy, as well as her taking of FMLA
`
`leave for that FMLA qualifying serious health condition.
`
`32. Zeitler was therefore terminated from her employment with defendant in retaliation
`
`for taking leave protected under the Family and Medical Leave Act.
`
`33. Defendant later gave a false and pre-textual “stated” reason for the termination,
`
`indicating that Zeitler had allegedly quit on July 8, 2020, despite her text messages to
`
`the contrary and despite her continuing to perform work for defendant on July 8,
`
`2020.
`
`34. The stated reasons are false and pre-textual in that Zeitler did, in fact, continue to
`
`work from home and clearly expressed to defendant that she had not quit.
`
`35. Defendant retaliated against Zeitler for exercising or attempting to exercise her rights
`
`under the Family and Medical Leave Act.
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 10 of 11
`
`10
`
`36. Defendant unlawfully discriminated and retaliated against Plaintiff's attempt to
`
`exercise her rights to FMLA leave in violation of 29 U.S.C. § 2615(a) by discharging
`
`the Plaintiff on July 8 or 9, 2020, because of her serious health conditions and time
`
`off work in violation of the FMLA.
`
`37. As a proximate result of defendant’s violation(s) of the FMLA, plaintiff is entitled to
`
`and seeks recovery of damages under 29 U.S.C. § 2617(a) equal to the amount of
`
`back wages that she lost from July 9, 2020 through the date of trial, an additional
`
`amount equal to the lost employment benefits including pension, retirement payments
`
`and health insurance coverage payments, interest on all amounts at the prevailing rate,
`
`liquidated damages equal to the amount of lost wages, salaries, employment benefits,
`
`and other compensatory damages and interest on that amount.
`
`38. Pursuant to 29 U.S.C. § 2617(a)(3), Zeitler is entitled to and seeks recovery of
`
`reasonable attorneys’ fees, reasonable expert witness fees, and other costs of the
`
`action.
`
`39. Pursuant to 29 U.S.C. § 2617, Zeitler is entitled to and seeks equitable relief in the
`
`nature of reinstatement and/or front pay.
`
`WHEREFORE, Plaintiff Angela Zeitler hereby requests this court enter judgment in her
`
`favor and against Defendant Petersen Home Centers, LLC, in a just and reasonable amount for
`
`compensatory and liquidated damages, plus the costs of the action, and an amount equal to
`
`reasonable attorneys’ fees and expert witness fees, and grant such other and further equitable
`
`relief as the court deems necessary and appropriate.
`
`
`
`
`
`4:20-cv-04231-SLD-JEH # 1 Page 11 of 11
`
`11
`
` PLAINTIFF DEMANDS A JURY TRIAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ANGELA ZEITLER, Plaintiff
`
`________
`By: /s/ John F. Doak
`
`John F. Doak (ARDC# 6204122)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`For:
`KATZ NOWINSKI P.C.
`Attorneys for Plaintiff
`1000 - 36th Avenue
`Moline, IL 61265-7126
`Telephone: 309-797-3000
`Fax: 309-797-2167
`Email: jdoak@katzlawfirm.com
`
`
`
`
`