Kaiser Fired Employee on Medical Leave, She Claims
4-24-2015 23:16:00

SACRAMENTO, Calif. (CN) - Kaiser fired an employee while she was on medical leave after a car accident, she claims in Sacramento County Superior Court.

     Alysha Graney sued Kaiser Foundation Hospitals, Northern California Permanente Medical Groups and Kaiser Foundation Health Plan Inc. for disability discrimination, failure to prevent discrimination, failure to provide reasonable accommodation, failure to engage in the interactive process, unlawful retaliation, defamation and wrongful termination.
     Graney, 49, worked as a unit assistant for Kaiser from 2001 to 2013, according to the lawsuit. In June 2006, she was hurt in a car accident and requested time off for treatment and pain management, it says. In June 2013, she requested unpaid leave, it says.
     During Graney’s unpaid leave, Kaiser told her she needed to take a TB test, according to the complaint. Graney had taken a TB test in April of that year, so she informed Kaiser that her results were on file and would not expire until the following April, according to the complaint.
     “While on leave from work, in Nov. 2013, defendant Kaiser terminated plaintiff stating she did not have a valid TB test. Plaintiff called defendant Kaiser and informed them that they had made an error. Plaintiff had a valid TB test. Defendant Kaiser refused to reinstate plaintiff. In Nov. 2013, plaintiff applied for unemployment benefits. Defendant Kaiser stated plaintiff was discharged from her employment with defendant Kaiser because she voluntarily left. In Dec. 2013, plaintiff was denied unemployment benefits based upon statements made by defendant Kaiser employees that plaintiff voluntarily left employment because she failed to have a current TB test,” the complaint states.
     Graney appealed the decision and successfully proved to the Employment Development Department that her TB test had been current when she was fired, according to the complaint.
     “The EDD judge found that plaintiff had a valid TB test at the time of her termination and denied defendant Kaiser’s request to deny plaintiff unemployment benefits,” the complaint states.
     Alysha Graney seeks general, special and punitive damages, loss of income, attorneys’ fees, costs of suit, interest and a jury trial. She is represented by Ryan M. Daugherty and Lori Mae Daugherty of Daugherty & Daugherty in Sacramento.
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