Case 5:21-cv-02931-JLS Document 1 Filed 07/01/21 Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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`CYNTHIA GLACKIN,
`Plaintiff
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`v.
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`No.:
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`CIVIL ACTION
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`: JURY TRIAL DEMANDED
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`OLD ORCHARD HEALTH CARE
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`CENTER-EASTON PA, LLC, f/k/a
`HCR OLD ORCHARD MANOR CARE,
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`
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`Defendant.
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`I. PRELIMINARY STATEMENT
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`COMPLAINT
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`This is an action for an award of damages, declaratory and injunctive relief,
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`attorney's fees and other relief on behalf of Plaintiff, Cynthia Glackin. Cynthia Glackin was
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`at all relevant times an employee of Old Orchard Health Care Center-Easton Pa, LLC, f/k/a
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`HCR Old Orchard Manor Care, (collectively “Old Orchard Manorcare”) at its Easton,
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`Pennsylvania facility for violation of the Family and Medical Leave Act, 29 U.S.C. §2601 et
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`seq.
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`
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`II. JURISDICTION AND VENUE
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`1. The original jurisdiction and venue of this Court is invoked in this District
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`pursuant to Title 42 U.S.C. §2000e-5(f), 28 U.S.C. §1331 and 1391, 2201, 2202,
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`1343 and the claim is substantively based on Family and Medical Leave Act, 29
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`U.S.C. §2601 et seq.
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`
`
`
`
`
`CYNTHIA GLACKIN,
`Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`No.:
`
`CIVIL ACTION
`
`:
`:
`:
`:
`:
`:
`: JURY TRIAL DEMANDED
`:
`:
`:
`:
`
`
`
`
`
`
`OLD ORCHARD HEALTH CARE
`
`CENTER-EASTON PA, LLC, f/k/a
`HCR OLD ORCHARD MANOR CARE,
`
`
`
`Defendant.
`
`
`
`
`
`
`
`I. PRELIMINARY STATEMENT
`
`COMPLAINT
`
`This is an action for an award of damages, declaratory and injunctive relief,
`
`attorney's fees and other relief on behalf of Plaintiff, Cynthia Glackin. Cynthia Glackin was
`
`at all relevant times an employee of Old Orchard Health Care Center-Easton Pa, LLC, f/k/a
`
`HCR Old Orchard Manor Care, (collectively “Old Orchard Manorcare”) at its Easton,
`
`Pennsylvania facility for violation of the Family and Medical Leave Act, 29 U.S.C. §2601 et
`
`seq.
`
`
`
`II. JURISDICTION AND VENUE
`
`1. The original jurisdiction and venue of this Court is invoked in this District
`
`pursuant to Title 42 U.S.C. §2000e-5(f), 28 U.S.C. §1331 and 1391, 2201, 2202,
`
`1343 and the claim is substantively based on Family and Medical Leave Act, 29
`
`U.S.C. §2601 et seq.
`
`
`
`
`
`Case 5:21-cv-02931-JLS Document 1 Filed 07/01/21 Page 2 of 7
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`III. PARTIES
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`2. Plaintiff, Cynthia Glackin, is an adult female citizen and resident of the
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`Commonwealth of Pennsylvania, residing in Bethlehem, Northampton County,
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`Pennsylvania. Cynthia Glackin at all relevant times hereto was employed at the
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`Old Orchard Manorcare, Easton, Pennsylvania.
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`3. At all times relevant hereto, Plaintiff was an "employee" as defined under the
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`FMLA, and is subject to the provisions of the said Act.
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`4. Defendant, Old Orchard Manorcare is a Corporation registered and authorized
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`to conduct business in the Commonwealth of Pennsylvania, with a principal
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`places of business at 4100 Freemansburg Avenue, Easton, PA 18045
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`5. At all times relevant hereto, Defendant Old Orchard Manorcare has been an
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`"employer" as defined under the FMLA, and is subject to the provisions of the
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`said Act.
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`6. At all times relevant hereto, Defendant Old Orchard Manorcare owned,
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`operated, controlled and managed the restaurant store and facility at 4100
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`Freemansburg Avenue, Easton, PA 18045 by and through the conduct of its
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`officers, managers agents and employees, including the above-stated managerial
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`and supervisors employees, all acting within the scope and course of their
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`employment.
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`7. At all times relevant hereto, Defendant Old Orchard Manorcare owned,
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`operated, controlled and managed the facility where Plaintiff was employed.
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`8. At all times relevant hereto, Defendant Old Orchard Manorcare acted by and/or
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`failed to act by and through the conduct of its officers, managers, agents and
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`employees, all acting within the scope and course of their employment.
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`
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`Case 5:21-cv-02931-JLS Document 1 Filed 07/01/21 Page 3 of 7
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`9. At all relevant times herein, Defendant Old Orchard Manorcare knew, or had
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`reason to know, of the actions and inaction alleged herein and/or has personally
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`participated in some of said actions and is ultimately responsible for same.
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`IV. CAUSES OF ACTION
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`10. Cynthia Glackin is a female employee employed by Defendant, Old Orchard
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`Manorcare as a Unit Manager.
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`11. At all times relevant, Plaintiffs performed her job in a proper and competent
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`manner.
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`12. In or about the week of May 8, 2019, Plaintiff applied for Intermittent Leave
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`under the FMLA to care for her father, who required personal and medical care.
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`13. Plaintiff’s father resided with Plaintiff and her husband.
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`14. On or about May 14, 2019, Plaintiff’s resident daughter suffered an acute and
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`serious medical emergency requiring hospital and medical care, and which
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`required Plaintiff to leave work early and without prior notice.
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`15. Plaintiff advised her direct supervisor, Courtney Powell, Director of Nursing, who
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`permitted Plaintiff to leave to attend to her daughter.
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`16. After Plaintiff’s daughter was released from the hospital, Plaintiff was required to
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`provide follow-up medical and personal assistance to her daughter at home.
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`17. On May 15, 2019, Plaintiff returned to work, and was confronted by Rebecca
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`Reitnauer, Human Resources Manager, who requested information about
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`Plaintiff’s absence the day before.
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`18. Plaintiff provided the requested information, and provided sufficient information
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`to give Reitnauer notice that her absence was qualifying Family and Medical
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`Leave.
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`Case 5:21-cv-02931-JLS Document 1 Filed 07/01/21 Page 4 of 7
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`19. As a Human Resources professional, Reitnauer was entrusted with the
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`responsibility of administering laws such as the Family and Medical Leave Act,
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`and is held to the standard of an expert.
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`20. As such, Reitnauer knew or should have known that the harassment and
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`termination of Plaintiff for exercising her rights under the FMLA was a violation
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`thereof.
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`21. Nonetheless, Reitnauer pursued Plaintiff throughout the facility during the
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`workday on May 15, 2019, interfering with the performance of Plaintiff’s job
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`duties and the provision of care to the Manorcare residents and patients.
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`22. Plaintiff repeatedly referred Reitnauer to Powell, who had first hand knowledge
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`of the reason for the absence.
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`23. Reitnauer continued to pursue Plaintiff into her private office, whereupon
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`Plaintiff directed Reitnauer to immediately leave.
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`24. Plaintiff’s employment was thereafter terminate that day.
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`25. The actions of Reitnauer and Old Orchard Manorcare were a willful and
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`deliberate violation of the FMLA.
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`26. As a direct and proximate result of Defendants’ conduct, Plaintiff has suffered
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`damages due to pain, suffering, mental anguish, fear, anxiety, sleeplessness,
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`humiliation and severe emotional, psychological and physical distress.
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`27. As a direct and proximate result of Defendants’ invidiously discriminatory
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`actions, as aforesaid, Plaintiff has suffered damages due to loss of past income,
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`benefits and earnings.
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`28. Defendants’ aforesaid actions were outrageous, egregious, preposterous,
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`malicious, intentional, willful, wanton and in reckless disregard of Clark’s rights,
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`Case 5:21-cv-02931-JLS Document 1 Filed 07/01/21 Page 5 of 7
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`entitling Clark to liquidated damages as may be available under the FMLA.
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`COUNT I
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`CYNTHIA GLACKIN
`v.
`OLD ORCHARD MANORCARE
`VIOLATION OF FAMILY AND MEDICAL LEAVE ACT (“FMLA”)
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`Paragraphs 1 through 28 inclusive, are incorporated by reference as if fully
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`29.
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`set forth at length herein.
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`30. Defendant’s actions as set forth above constitute a willful and deliberate
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`interference and discrimination under the Family and Medical Leave Act.
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`31.
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`The willful violation of Plaintiff’s rights under the Act were done in the
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`absence of good faith and reasonable grounds and this Court must award
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`Plaintiff liquidated damages pursuant to 29 U.S.C. §2617(a).
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`STATEMENT OF FACTS JUSTIFYING THE IMPOSITION OF LIQUIDATED
`DAMAGES
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`32. Paragraphs 1 through 31 inclusive, are incorporated by reference as if fully set
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`forth at length herein.
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`33. At all times relevant hereto, Defendants Old Orchard Manorcare knew or should
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`have known of the pattern of conduct in which the Individual Defendants had
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`engaged and in which they continued to engage.
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`34. At all times relevant hereto, Defendant Old Orchard Manorcare knew or should
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`have known that the aforesaid pattern of conduct was in violation of law and
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`Defendant Old Orchard Manorcare stated policies and terms of employment.
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`35. At all times material hereto, the actions of the Individual Defendants were
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`outrageous and malicious, and constituted conduct outside of the realm of
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`Case 5:21-cv-02931-JLS Document 1 Filed 07/01/21 Page 6 of 7
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`decency.
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`V. PRAYER FOR RELIEF
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`36. Paragraphs 1 through 35 inclusive, are incorporated by reference as if fully set
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`forth at length herein.
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`WHEREFORE, Plaintiff request this Court to enter judgment in her favor and
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`against Defendants and request that this Court:
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`a. Exercise jurisdiction over her claims;
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`b. Issue declaratory and injunctive relief declaring the above-described practices to
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`be unlawful, and enjoining their past and continued effects;
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`c. Order Defendants compensate Plaintiff with a rate of pay and other benefits and
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`emoluments to employment, to which she would have been entitled, had she not
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`been subject to unlawful discrimination;
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`d. Order Defendants compensate Plaintiff for the wages and other benefits and
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`emoluments of employment lost, because of their unlawful conducts;
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`e. Order Defendants to pay to Plaintiff liquidated damages under the Family
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`Medical Leave.
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`f. Order Defendants pay to Plaintiff pre and post judgment interest, costs of suit
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`and attorney and expert witness fees as allowed by law; and
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`g. The Court award such other relief as is deemed just and proper.
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`JURY DEMAND
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`Plaintiff demands trial by jury.
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`Case 5:21-cv-02931-JLS Document 1 Filed 07/01/21 Page 7 of 7
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`Date: July 1, 2021
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`HAHALIS & KOUNOUPIS, P.C.
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`By: /s/ David L. Deratzian
` DAVID L. DERATZIAN, ESQUIRE
` 20 E. Broad Street
` Bethlehem, PA 18018
` (610) 865-2608
` Attorneys for Plaintiff
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