FORT MYERS – A registered nurse alleges she was retaliated against by her former employer for taking leave for a surgery.
Clara Cornett filed a complaint on May 4 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Lee Memorial Health System, citing violation of the Family and Medical Leave Act.
According to the complaint, the plaintiff alleges that in August 2015, she suffered a knee injury and had a surgery in October 2015. On Jan. 9, the suit states she advised her manager that she preferred to work on an as-needed basis as a charge nurse and if the scheduling didn't worked out, she would remain a full-time employee. The suits that her manager advised her that she was not being scheduled because she was missing a lot due to her medical needs. As a result, she was constructively discharged on Jan. 23, according to the suit. The plaintiff holds Lee Memorial Health System responsible because the defendant allegedly refused to schedule her because of her condition and discriminated and retaliated against her for exercising her right to FMLA-protected leave.
The plaintiff requests a trial by jury and seeks judgment against defendant for value of lost compensation, liquidated damages, plus interest, attorney's fees and costs and any further relief that the court may deem just and appropriate. She is represented by Angeli Murthy of Morgan & Morgan PA in Plantation.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00330