DOL sues New York health center over COVID-19-related firings

The U.S. Department of Labor is suing a Staten Island, New York, community health center and its CEO after they suspended and later fired an employee who reported coronavirus-related health and safety hazards, including possibly exposing staff to the virus and lack of proper social distancing protocols, the department announced Tuesday.

The employee raised concern to company management that in-person attendance at a March 2020 staff meeting could lead to transmission and contraction of the virus. The worker attempted to reschedule the meeting by telephone, but ultimately refused to attend the meeting in-person after management refused the scheduling change. The center and CEO later suspended and then terminated the employee, according to a statement.

The employee later filed an anti-retaliation complaint with the Occupational Safety and Health Administration, which found that the health center and CEO violated anti-retaliation laws, triggering the lawsuit filed in the U.S. District Court for the Eastern District of New York.

The suit names Community Health Center of Richmond Inc. and CEO Henry Thompson, alleging they suspended, and then fired, the six-year veteran employee shortly after the employee reported a hazardous work condition to Mr. Thompson, according to the statement.

The department’s complaint asks the court to order the health center to expunge the employee’s records related to the unlawful termination and pay the damages for all past and future lost wages and benefits resulting from the termination, among other compensatory and punitive damages, including that for compensation for emotional pain and distress, according to the statement.

More insurance and workers compensation news on the coronavirus crisis here.