Lawsuit Alleging Wage and Hour, FMLA Violations Filed Against WellLife Network

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A former WellLife Network Inc. employee claims the company failed to pay her overtime wages and violated the Family and Medical Leave Act (FMLA) by denying her time off and ultimately terminating her employment.

The plaintiff worked as an intensive care coordinator/manager for the New York health services company, where she was, among other duties, responsible for monitoring clients’ treatment plans and responding to their calls and texts, according to the case. In fact, the defendants assigned the plaintiff a company phone and required her to be responsive to clients even after her workday ended, the suit alleges.

The woman claims she worked between 46 and 53.5 hours each week for a fixed bi-weekly salary that deprived her of lawful pay for all hours worked. From the complaint:

“Defendant either only paid Plaintiff for her hours worked up to forty, and therefore, nothing for her hours worked in excess of forty, or paid Plaintiff time and one-half her regular rate for some of her hours worked over forty in a week and therefore, nothing for others in that same week.”

The plaintiff further claims she never received a wage notice or accurate paystubs throughout her employment as required by New York labor law.

In April 2018, the suit continues, the plaintiff slipped and injured her back while leaving the office to conduct a home visit for a client. The case says that following her injury, the plaintiff corresponded with her supervisor and later a human resources representative and told them that her doctor advised her not to return to work for a period of time due to a herniated disc.

Despite having a doctor’s note, the woman was initially asked to work from home and was told she had “exhausted [her] FMLA allowance” for the year due to a prior leave of absence taken for a pregnancy, the case claims.

After further correspondence between the plaintiff and HR, as well as two more doctor’s notes, the defendant supposedly sent a letter to the plaintiff dated May 24, 2018, informing her that her leave had been approved through May 21, three days prior to when the plaintiff claims she received the notification. Immediately after receiving the letter, the lawsuit continues, the plaintiff called the defendant to request her return date be corrected to coincide with her doctor’s orders, but was terminated for being “unable to return on May 21, 2018 as directed by Defendant’s May 24, 2018 letter.”

The suit argues the plaintiff was, in fact, entitled to a medical leave under the FMLA, and that the company engaged in “unlawful discriminatory conduct” by denying her time off and ultimately firing her over her medical condition. Further, the case charges the defendant “interfered” with the plaintiff’s rights by misinforming her that she was “not eligible” to take leave.