Fired for Worker’s Compensation Claim, Woman Alleges
2-14-2015 00:10:00

OAKLAND, Calif. (CN) - A former Kaiser employee alleges in Alameda County Superior Court that she was fired for filing a worker’s compensation claim.

     Scarlett McCune sued Kaiser Permanente pro se for wrongful termination.
     According to her lawsuit, McCune hurt her arm and filed a worker’s compensation claim.
     “My direct manager was livid that I filed a claim and was really angry with me for the next four months,” she says in her complaint.
     About a week after McCune filed her claim, she received her first “unacceptable” evaluation in over 16 years at Kaiser, according to the complaint.
     “All my other evaluations were satisfactory or higher. In addition to that I was placed on a P.I.P. (Performance Improvement Plan) which is the ‘known way’ to get rid of employees at Kaiser. It is not really a tool to improve performance as they claim,” she says in her complaint.
     McCune also claims she was owed a bonus but was handed an empty envelope instead.
     “The bonus check was based on meeting three out of four goals and I met all four goals, received a plaque and recognition for meeting the goals but did not get the bonus. Not receiving the bonus was also a first, and I did not receive a raise,” she says.
     McCune says her manager told her that she had made the necessary improvements and passed the PIP, but still McCune was fired and her termination letter said it was because of the PIP, according to the complaint.
     “I had an open workman’s compensation case when I was terminated and I was also on Family Medical Leave Act (sic) for chronic migraines. I was not off work for my disability, but did have restrictions. Overwork and harassment became a daily part of my job, which I believe caused the injury in the first place,” she says in the complaint.
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