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Woman sues employer over commute anxiety

Posted by on Jun. 25, 2014 at 4:15 PM
KK
  • 36 Replies

Woman sues employer over commute anxiety

Woman sues employer over commute anxiety

Credit: KING

Several detours are in place to get drivers around the Interstate 5 bridge closure in Mount Vernon, Wash., May 28, 2013.


by Jim Walsh, The (Cherry Hill, N.J.) Courier Post

NWCN.com

Posted on June 25, 2014 at 6:26 AM

Updated today at 10:48 AM

CHERRY HILL, N.J. — A woman who says busy roads worsen her anxietyhas sued a former employer who refused to change her schedule to avoid rush-hour traffic.

Andrea DeGerolamo also contends Fulton Financial Corp. fired her in May 2013 in retaliation for her efforts to address alleged workplace bias.

Her lawsuit, which seeks unspecified financial damages, asserts Fulton Financial's actions violated the state's Law Against Discrimination.

An attorney for Fulton Financial, based in Lancaster, Pa., could not be reached for comment Monday.

In her lawsuit, DeGerolamo says she joined Fulton Financial as a marketing consultant in 2007 and took a medical leave in August 2012.

Around that time, DeGerolamo "began to feel great anxiety and depression, which was especially aggravated by crowded roadways experienced during the heavy traffic of rush hour," the suit says.

"Her medical condition qualified her as being disabled," it asserts.

When DeGerolamo returned from leave in November 2012, she requested a work shift "by which she could come in after morning rush hour and leave prior to evening rush hour."

The lawsuit asserts that change, requested "at the mandate" of DeGerolamo's doctor, would have been a reasonable accommodation for the woman's disability.

According to the lawsuit, Fulton Financial changed DeGerolamo's schedule for a short period, then made no effort to accommodate her. The suit also says DeGerolamo returned from leave to find her duties were downgraded improperly to "clerical-type work."

DeGerolamo objected through her firm's ethics review board in May 2013 but never heard back about the complaint; instead, she was terminated on May 17, the lawsuit says.

The suit, initially filed in Superior Court in Camden County in May, was moved last week to federal court in Camden at Fulton Financial's request.

Ben Friedman, a Marlton attorney representing DeGerolamo, could not be reached.

by on Jun. 25, 2014 at 4:15 PM
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Replies (1-10):
stringtheory
by Gold Member on Jun. 25, 2014 at 4:20 PM
3 moms liked this
Lol, a more reasonable flex schedule request would have been to come before or after both rush hours, not in between the two. Nice try.
momtoscott
by Platinum Member on Jun. 25, 2014 at 4:21 PM

That was my thought, also.  

Quoting stringtheory: Lol, a more reasonable flex schedule request would have been to come before or after both rush hours, not in between the two. Nice try.


.Bubbles.
by Silver Member on Jun. 25, 2014 at 4:26 PM
1 mom liked this

This was my first thought as well. She was trying to angle for a shortened work day.

Quoting stringtheory: Lol, a more reasonable flex schedule request would have been to come before or after both rush hours, not in between the two. Nice try.


stringtheory
by Gold Member on Jun. 25, 2014 at 4:27 PM
I saw the part talking about her position being downgraded and thought"surely she wasn't expecting the same compensation for less work?" Unless she is a star employee that gets as much done in six hours that she previously did in eight. I'm all for quality over quantity in the work place, but it sounds like part of her job requires an "office hours" availability.

Quoting momtoscott:

That was my thought, also.  

Quoting stringtheory: Lol, a more reasonable flex schedule request would have been to come before or after both rush hours, not in between the two. Nice try.

Billiejeens
by Gold Member on Jun. 25, 2014 at 4:37 PM

 Causes trouble when they stop handing out those blue ribbons for simply showing up.

Its.me.Sam.
by Silver Member on Jun. 25, 2014 at 4:37 PM

well that is ridiculous

KenneMaw
by Bronze Member on Jun. 25, 2014 at 4:39 PM
2 moms liked this

Why couldn't see come in late (after rush hour traffic) and leave later (after afternoon rush hour)?  why should she get shortened hours?  Speaking from an employer point of view, if she was that anxious, working shorter hours, then I would have changed her work load as well. When you come back from disability, you are guaranteed a job, but not your exact job, especially after she was gone for 6 months.  

OHgirlinCA
by Platinum Member on Jun. 25, 2014 at 4:50 PM
1 mom liked this

I could see that she had a case if her place of employment was not willing to give her reasonable accomadations, but going into work late and leaving early while expecting her dutites to remain the same is not a reasonable request.  Going in early and leaving early, or going in late and leaving late and working the amount of hours that she had been working before her disability came into play would be reasonable.

Wyldbutterfly
by Bronze Member on Jun. 25, 2014 at 5:12 PM
1 mom liked this

 Another idiot looking to make a quick buck. I swear people such as this who file frivolous lawsuits should be made to reimburse any and all monies spent by the city and or state in which it takes place.

LIMom1105
by Bronze Member on Jun. 25, 2014 at 5:17 PM
Yes, come in at 8, leave at 4. It 7-3.

Quoting stringtheory: Lol, a more reasonable flex schedule request would have been to come before or after both rush hours, not in between the two. Nice try.
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