Daily Independent (Ashland, KY)

Local News

October 16, 2012

District denies wrongdoing in worker’s firing

ASHLAND — The Raceland-Worthington Independent School District has denied wrongdoing in its dismissal of a former food-services employee suing the district for wrongful termination.

In its response to Brandy Vanderhoof’s lawsuit in U.S. District Court, the district maintains it had “legitimate, nondiscriminatory and nonretaliatory reasons” for firing Vanderhoof, who was hired by the district in August 2003 and managed the kitchen at Worthington Elementary School prior to being terminated on Sept. 21 of last year.

Through its attorney, Mary Ann Stewart of Covington, the district also denies it terminated Vanderhoof because her cancer treatments increased its health insurance costs, as Vanderhoof alleges in her complaint, and that it violated her rights under the Family Medical Leave Act, the Americans with Disabilities Act and the Employee Retirement Income Security Act.

Additionally, the district denies Vanderhoof’s allegation she was fired for exercising her FMLA and workers’ compensation rights after being hurt on the job in August 2011.

According to her complaint, Vanderhoof injured her left shoulder while lifting a 30-pound box of cheese and filed a workers’ compensation claim after doing so. Four days after her injury, her physician, Dr. Angela Lewis, told her she would be able to return to work on Sept. 15, and Vanderhoof maintains she provided the district’s human resources department with a note from Lewis stating as much.

On Aug. 23, 2011, Vanderhoof states she was examined by Dr. David Jenkinson, an orthopedic surgeon hired by the district’s workers’ compensation insurance carrier, and Jenkinson opined she could return to work “immediately without restrictions.” However, when Sept. 15 rolled around, she was still being treated by Lewis, who recommended she be kept off work until Oct. 3.

Vanderhoof claims we was advised on or about Sept. 19 by Mary Johnson, the district’s finance director, that she would need to use sick days to remain off work. Johnson also suggested Vanderhoof take time off under the FMLA and promised to provide her with the forms she needed to fill out in order to do so, the suit states.

Concerned about losing her sick days, Vanderhoof asked Lewis to release her to return to work on light duty, according to the complaint. Lewis complied, releasing her to go back to work with three restrictions: no repetitive motion, no lifting overhead and no lifting more than 10 pounds.

Vanderhoof claims she told her supervisor, Shawn Johnson, of her release, and Johnson told her to report to work on Sept. 26. However, on Sept. 21, Johnson told her to meet with him the following day to discuss her return, the complaint states.

During that meeting, Johnson told Vanderhoof she could come back to work, but would be given fewer hours and would be working in a different position under a new food service manager, according to the complaint.

Johnson also told Vanderhoof she’d be responsible for serving lunch, washing trays and cleaning the kitchen, the suit states. Believing her new duties would violate her work restrictions, Vanderhoof says she asked to be returned to her old position, but Johnson refused.

After the meeting, Vanderhoof claims she met with Mary Johnson to get her FMLA paperwork and told her she’d have Lewis fill it out at her next scheduled doctor’s appointment, which was Sept. 30, which Lewis did, according to the suit.

Vanderhoof received a termination letter on Sept. 28, according to the suit, and on Oct. 10, the district denied her FMLA leave because her doctor had released her to light duty.

In its response, the district maintains it offered Vanderhoof a light-duty work assignment “consistent with her work restrictions,” but denies all other allegations.

The district also contends the reason Vanderhoof was denied FMLA leave was she did not qualify for it under the law.

“(The district’s) actions were in all respects reasonable, proper, justified, legal and undertaken without any wrongful intent, impact or effect,” the response states.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.

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