select rehabilitation lawsuit

Case Summary. At 27 years old, Urbanski, the only similarly situated employee who assumed some of Hartman's duties, was sufficiently younger than Hartman. It points to Susan, an occupational therapist in her late fifties at Towne Manor West; Macalis, the 48 year-old Program Manager at Towne Manor East; and Judy, a COTA in her fifties. at 68:15-69:2, 75:18-76:8. Select chose to retain Susan, who is in her late 50s, and reduce Shiney, around age 40, to part-time. Settlement Conference Deadline 12/3/2021. INRAE center Lyon-Grenoble Auvergne-Rhne-Alpes Showalter v. University of Pittsburgh Medical , 190 F.3d 231, 236 (3d Cir. Viewing the facts in the light most favorable to Hartman, a reasonable jury could conclude that age discrimination motivated Select's decision to eliminate her position. In others, she only listed codes instead of describing the skilled services she provided. This docket was last retrieved on March 15, 2022. Id. 1996) (citation omitted). These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. at 76:21-77:2, 79:14-18, 93:24-94:10. The retained employees do not have to be outside the protected class to qualify as "sufficiently younger." Tr. In November 2020, Defendant EmpowerMe Rehabilitation Kentucky LLC ("EmpowerMe") began an effort to recruit and hire away several Select employees, including Defendant Paula Vazquez ("Vazquez"), Select's Staffing Coordinator, who accepted a position with EmpowerMe. There is no bright line age difference to satisfy the "sufficiently younger" requirement. 2004) (citing Anderson , 297 F.3d at 250 ) (similarly situated employees "work in the same area in approximately the same position"). Plaintiff Katherine Hartman, who was born on March 12, 1969, graduated from Temple University with a bachelor of science degree in occupational therapy in 1996. Ple centre rive gauche. at 146:24-147:4. Todays settlement reflects our commitment to protect patients and taxpayers by ensuring that the care provided to Medicare beneficiaries is dictated by their individual clinical needs and not by a providers financial interests, said Acting Assistant Attorney General Brian M. Boynton of the Justice Departments Civil Division. Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. at 52:18-21, 63:19, 83:12-84:17. She was 50 years old. The United States alleged that, at various times between Jan. 1, 2010, through March 31, 2016, SMRS contracted with 12 SNFs in New York and New Jersey to provide rehabilitation therapy services. 27), it is ORDERED that the motion is DENIED . Tr. Hartman claims Select's decision was motivated by her age. Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. (Cabrera, Krista) (Entered: 03/29/2021), (#7) PROOF OF SERVICE filed by Defendant Select Rehabilitation, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 served on 03/23/2021. , 198 F.3d 403, 412 (3d Cir. The Select Rehab employee class overtime wage information site Examples of such evidence include previous acts of discrimination against the plaintiff, discrimination against other persons within the plaintiff's protected class or within another protected class, or a showing that the defendant has treated similarly situated non-members of the protected class more favorably. For example, COTAs can fill out daily notes, but they are not qualified to complete evaluations, discharges, recertifications, progress notes, or any of the other similar documentation that occupational therapists complete as part of their work. Mike, a physical therapist in his mid-thirties, and Kendra, a PTA who is 30, were terminated. at 645 (citing Fuentes , 32 F.3d at 764 ). Hartman Dep. They considered each employee's leadership skills, clinical performance and documentation. May 20, 2021 Select Partners with Spiro100 to Provide On-Demand and Live Streaming Access to Senior-Friendly State of the Art Wellness Programming. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Feldman, Mitchell) Access additional case information on PACER. 998, 140 L.Ed.2d 201 (1998) ) ("Whether a particular reassignment is materially adverse depends upon the circumstances of the particular case, and should be judged from the perspective of a reasonable person in the plaintiff's position, considering all the circumstances. ") (internal quotations and citations omitted). Fuentes v. Perskie , 32 F.3d 759, 763 (3d Cir. Coin Caterers Corp. , 517 U.S. 308, 312, 116 S.Ct. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), Docket(#31) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Select Rehabilitation, LLC.. (Cabrera, Krista) (Entered: 04/22/2021), Docket(#30) ORDER by Judge Stanley Blumenfeld, Jr: granting #25 Non-Resident Attorney Kristen W. Roberts APPLICATION to Appear Pro Hac Vice on behalf of defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel. From 2013 to 2016, Hartman worked as a full-time occupational therapist for Accomplish Therapy at Towne Manor East, one of the facilities where Accomplish provided therapy services. at 21:14-19; Davis Dep. Granting Application of Non-Resident Attorney David B. Goroff to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #20 . Questions about your PRWeb account or interested in learning more about our news services? To meet its burden in response to Hartman's prima facie case, Select has produced evidence of a legitimate, non-discriminatory reason for Hartman's reduction. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Co. v. White , 548 U.S. 53, 71, 126 S.Ct. to Def. On 06/17/2021 Hebert filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. at 136:10-14. Select Rehabilitation "rehab" Reviews | Glassdoor Tr. One of the most powerful tools in this effort is the False Claims Act. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. at 157:4-5. Working at Select Rehabilitation: 276 Reviews about Pay & Benefits A subscription to PACER is required. 1998) ). Trial Filings (Second Set) Deadline 1/28/2022. Id. April 21, 2021 J. Ex. R. CIV. Macalis reported to Shelley Serene, the regional manager of seven facilities serviced by Select. Davis denied ever telling the staff at Towne Manor East or West that their jobs were safe. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. at 76:21-78:8, 112:4-14; Davis Dep. 2505, 91 L.Ed.2d 202 (1986). 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . Pivirotto v. Innovative Sys., Inc. , 191 F.3d 344, 347 n.1 (3d Cir. Fuentes , 32 F.3d at 763 (emphasis in original). Select Rehabilitation Announces Strategic Partnership with MyndVR. 1992) ). (gk) (Entered: 04/16/2021), Docket(#25) Corrected APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC (Pro Hac Vice Fee - $500 Previously Paid on 4/8/2021, Receipt No. The matter was handled by Trial Attorney Yolonda Campbell of the Civil Division and Assistant U.S. Attorney Marihug Cedeo for the District of New Jersey. Same complaints from multiple facilities in our area. TAMPA, Fla., Oct. 14, 2022 /PRNewswire/ -- Feldman . Macalis and Serene also observe the therapists during sessions with patients and pass on their evaluations of the therapists' performance to higher level management. 2015) (quoting Jones v. Sch. Case Summary. Requests for advice or education regarding your personal health issues will be removed and you may be banned. After speaking with Serene, Hartman learned that although some staff at the Towne Manor facilities were eliminated or reduced to part-time work, others were retained with a pay cut. Monaco , 359 F.3d at 305. Original Summons NOT returned. These questions should be discussed directly with your physical therapist. Towne Manor East reduced its occupational therapy team from two full-time employees Urbanski and Hartman to one full-time employee and one half-time employee Urbanski and Macalis. at 50:13-14; Davis Dep. 15-5708 (E.D. Compl. The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. The dispute is over the second and fourth elements. Urbanski Dep. (citations omitted). Blumenthal Nordrehaug Bhowmik De Blouw LLP, File a Class Action Lawsuit (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. Hartman and Milks claimed Davis told the staff that no one had to worry about losing their jobs. 118:6-14; Davis Dep. (ECF No. 118:9-14. Nevertheless, the two occupational therapists that were reduced to part-time work through Select's reduction-in-force, Hartman and Shiney, are both members of the protected class, supporting an inference of discrimination. (Cabrera, Krista) (Entered: 03/22/2021), (#3) CORPORATE DISCLOSURE STATEMENT and Certification and Notice of Interested Parties filed by Defendant SELECT REHABILITATION, LLC identifying SRI Intermediate, LLC as Corporate Parent. Hartman Dep. at 9; Davis Dep. She claimed that her search of records of backup Program Managers accessing Casamba, Select's computer software program, showed that Hartman was never granted such access. We provide: daily oversight; corporate strategic planning; online and on-site education, training and CEUs for licensure; and our proactive, responsive, hands-on local management is backed by our regional and national support. 2014) (citing Fuentes , 32 F.3d at 764 ). 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | (attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons Erik D. Painter, # 5 Summons Paul Vazquez, # 6 Summons Empowerme Rehabilitation Il, Llc)(mckenna, William)', 'Corporate Disclosure Statement By Select Rehabilitation, Llc Identifying Corporate Parent Sri Intermediate Llc For Select Rehabilitation, Llc. A: As I've said before, HR"). Select Rehabilitation LLC Case Summary On 01/18/2022 McLaughlin filed a Labor - Labor Standard lawsuit against Select Rehabilitation LLC. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 1995) ("There is no magical formula to measure a particular age gap and determine if it is sufficiently wide to give rise to an inference of discrimination."). at 15:23-16:12, 16:18-19. 21), the plaintiff's response (Document No. (Attachments: #1 Proposed Order) (Fernandez Mabrie, Kristina) (Entered: 04/14/2021), (#8) ANSWER to Complaint - (Discovery) filed by Defendant Select Rehabilitation, LLC. at 155:18-21 ("Q: Well, who in HR helped make the decision to reduce Katie Hartman from full-time to PRN and keep Rachel Urbanski? at 33:24-34:2, 34:24-35:6, 55:23-56:6. Cardenas v. Massey , 269 F.3d 251, 263 (3d Cir. ), Filed By Select Rehabilitation, Llc. 1999) (quoting Sempier v. Johnson & Higgins , 45 F.3d 724, 729 (3d Cir. See Muhammad v. Sills Cummis & Gross P.C. See also Washco v. Federal Express Corp. , 402 F. Supp. Rachel Urbanski, born on October 5, 1992, joined Select as a full-time occupational therapist in 2017. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. (gk) (Entered: 04/20/2021), (#26) MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The Court strikes the APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC filed by Defendant Select Rehabilitation, LLC #22 , without prejudice to refiling in compliance with the Notice of Deficiency in Electronically Filed Pro Hac Vice Application #24 . Select having shown legitimate reasons for eliminating Hartman's full-time position, the burden shifts back to Hartman to discredit Select's proffered justification or present evidence that she was eliminated for a discriminatory reason. MONTEREY, Calif. (PRWEB) September 21, 2020 The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, filed a class action complaint alleging that Select Rehabilitation, LLC, failed to provide accurate wages to employees, among other allegations.The Select Rehabilitation, LLC class action lawsuit, Case No. The affiant must set forth specific facts that reveal a genuine issue of material fact. According to Hartman, Select did not implement a "genuine" reduction-in-force because the reduction was not caused by a decline in business. (Attachments: #1 Declaration of Krista Cabrera, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket, #4 Declaration of Terry Klonowski) (Attorney Krista M Cabrera added to party SELECT REHABILITATION, LLC(pty:dft))(Cabrera, Krista) (Entered: 03/22/2021), U.S. District Courts | Civil Right | Tr. It may arise where technology or other changes to the industry or workplace enabled the employer to reduce its workforce. 3:20-CV-00578 | 2020-03-26, U.S. District Courts | Labor | PRNs are used to fill in for a member of the full-time staff on vacation or out sick. for Summ. 2009) (internal quotations and citations omitted). PRNs are placed on an on-call list to cover for an employee who is out sick or on vacation. (Attachments: #1 Declaration of Krista Cabrera, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket, #4 Declaration of Terry Klonowski) (Attorney Krista M Cabrera added to party SELECT REHABILITATION, LLC(pty:dft))(Cabrera, Krista) (Entered: 03/22/2021). Media Co. , 902 F.3d 384, 403 (3d Cir. from 8 AM - 9 PM ET. Shiney, an occupational therapist at Towne Manor West who is around 40, was switched from full-time to part-time. ; Iadimarco v. Runyon , 190 F.3d 151, 157 (3d Cir. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. 2002) ). at 10-11. Tr. D at 9:10-12, 9:18-22, 11:10-14, 22:11-24 (ECF No. 1:2021cv00039 - Document 46 (W.D. Katie Milks, a licensed Physical Therapy Assistant ("PTA") and the backup Program Manager at Towne Manor West, corroborated that Hartman was the backup Program Manager at Towne Manor East, followed briefly by Niketa Patel, a physical therapist. at 136:15-19. Dist. According to Select, Hartman focuses on Urbanski and ignores that other older employees were retained. A party moving for summary judgment may use depositions and affidavits or declarations to show a fact is not genuinely disputed, and a party opposing the motion may also rely on them to demonstrate that a fact is disputed. Prac. of Cal. at 69:21-70:3. Hartman is comparing herself to other similarly situated employees. Working at Select Rehabilitation: 324 Reviews about Management | Indeed.com 1089, 67 L.Ed.2d 207 (1981) ). Alleged Practices Related to Denial of Overtime Pay. Although Davis testified in detail about purported deficiencies in Hartman's documentation compared to Urbanski's, it is for the jury to compare Urbanski's documentation with Hartman's and decide if Urbanski's was superior and whether the evidence suggests Select's reasons for eliminating Hartman's position are pretextual. Plaintiff Lembke, a former PT alleges that while required by SELECT REHAB to treat patients and bill 8 hours per day, and hit 95% productivity quota, he had to spend numerous hours inputting data, his notes and satisfy reporting requirements which forced her to work more than 40 hours routinely and off the clock, and with the knowledge of the PM and others, and thus the company. A reduction-in-force can result from any number of factors. 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). Tr. Questions about a news article you've read? It can satisfy its burden by "introducing evidence which, taken as true, would permit the conclusion that there was a non-discriminatory reason for the unfavorable employment decision." The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, filed a class action complaint alleging that Select Rehabilitation, LLC, failed to provide accurate wages to employees, among other allegations. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. at 70:11-23; Urbanski Dep. 20CV002240, is currently pending in the Monterey County . For further information, visit, Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. , 665 F. App'x 229, 234 (3d Cir. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. Id. Discharge summaries discuss the patient's progress towards their goals and include a discharge recommendation. As the back-up Program Manager, Hartman attended meetings with other department heads on Macalis's behalf and relayed information back to the Rehabilitation Department. Select has moved for summary judgment, arguing that Hartman was eliminated as part of a company-wide reduction-in-force, and that no reasonable jury could conclude the elimination of her job resulted from age discrimination. /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. Recertifications concern whether a patient needs continued services. Id. Because depositions provide all parties an opportunity to probe the witness, they are preferred to declarations and affidavits that are generally prepared by attorneys rather than the declarant or affiant. at 51:13-18, 98:3-98:9; Urbanski Dep. Also, the FLSA mandates employers must cover the lawyer's fees directly," explains Feldman. Non-Discovery Motion Hearing Deadline 11/19/2021. On the other hand, lateral transfers or changes in title absent evidence of a material change in an employee's working conditions generally do not constitute adverse employment actions. 3177, 111 L.Ed.2d 695 (1990) (collecting cases). Select Rehabilitation offers superior clinical care, innovative approaches, state-of-the-art and proprietary technology, training and education, custom reporting, compliance tracking and monitoring, PDPM expertise and more. Tr. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. We're the nation's trusted leader in contract therapy services. Almost 50 employees from 9+ states have joined the lawsuit. Select Rehabilitation offers superior clinical care, innovative approaches, state-of-the-art and proprietary technology, training and education, custom reporting, compliance tracking and monitoring, PDPM expertise and more. The settled civil claims are allegations only. 2007) (denying summary judgment where three employees aged 33, 35 and 60 assumed the 50 year-old plaintiff's duties). SSM Select Rehab | Better Business Bureau Profile (citing Sempier , 45 F.3d at 729 ). Trial Filings (First Set) Deadline 01/14/2022. Id. Select claims Hartman resigned after being reduced from full-time to part-time pro re nata status. (gk) (Entered: 04/20/2021), Docket(#26) MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The Court strikes the APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC filed by Defendant Select Rehabilitation, LLC #22 , without prejudice to refiling in compliance with the Notice of Deficiency in Electronically Filed Pro Hac Vice Application #24 . 2018) (Former employee "must show that Schultz was similarly[ ]situated in all respectsin other words, he dealt with the same supervisor, [was] subject to the same standards[,] and engaged in the same conduct") (quoting Mitchell v. Toledo Hosp. 25-26, DN 1). Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). She told Hartman that "it was an HR decision" and was "nothing personal." There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. Auvergne-Rhne-Alpes - Centre ressource rhabilitation 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | at 71:20; Pl. Tr. of Phila. The Court VACATES the Scheduling Conference set for 4/30/2021. at 21:14-19. Would rather shovel dog dirt for a living than work for this company again. See Sempier , 45 F.3d at 730 (finding the combined 10-year and 4-year age differences between Sempier and the retained employees "is clearly sufficient to satisfy the fourth prong of a prima facie case"); Steward v. Sears Roebuck & Co. , 231 F. App'x 201, 209 (3d Cir. Id. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. Burlington N. & Santa Fe Ry. 's Ex. (mrgo) (Entered: 04/22/2021), (#29) ORDER by Judge Stanley Blumenfeld, Jr. Select argues Hartman cannot establish the fourth element of the prima facie case. A more recent docket listing 992, 152 L.Ed.2d 1 (2002) ; Starceski v. Westinghouse Electric Corp. , 54 F.3d 1089, 1096, n. 4 (3d Cir. , 982 F. Supp. Id. Macalis offered to take a pay cut so Hartman could be retained full-time. at 33:7-18, 44:24-45:3. Such retaliation violates federal and state laws. All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. As full-time occupational therapists at the Towne Manor facilities, they perform similar job functions with similar responsibilities. You are not alone if you suffered to work without pay working for Select Rehab. at 19:3-5; Urbanski Dep. Serene reported to Kelli Davis, the divisional vice president overseeing 52 facilities serviced by Select in Pennsylvania, Massachusetts and Florida. De Blouw today by calling (800) 568-8020. Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) The work of the Program Manager is well known by Select Rehab to work on the weekends handling scheduling and staffing as well as to be always on call for other staff. Discouraged Full Reporting of Hours Worked: The lawsuit also alleges that Select Rehabilitation and Reliant Rehab discouraged reporting of overtime hours and encouraged off the clock work in an attempt to keep employees from complaining and reporting their overtime hours. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. Rather the layoffs were due to changing business needs based on, among other things, technological developments such as the predominant use of emails as opposed to faxes, which Operations employees once hand-delivered."). Under Medicare's new Patient Driven Payment Model ("PDPM"), therapists can now provide therapy services in groups and no longer have to provide therapy one-on-one. Hartman never received a negative evaluation for her documentation or treatment of patients. If you do not agree with these terms, then do not use our website and/or services. Willis , 808 F.3d at 644 (citing Burton , 707 F.3d at 42627 ). Id. An Illinois federal magistrate judge dismissed a Computer Fraud and Abuse Act claim from a rehab center's lawsuit against two former employees and a competitor, writing that the company's allegations are inadequate to state a claim under the law. Of the four occupational therapists at the Towne Manor facilities, two were reduced (Hartman and Shiney) and two were retained (Urbanski and Susan). 2015) (To constitute an adverse employment action, transfers must "be detrimental or undesirable in some objective way"). For further information, visit http://www.24-7pressrelease.com. Court Reporter: N/A. Their direct supervisor was Heather Macalis, a licensed occupational therapist and the Program Manager at Towne Manor East. Will be used in accordance with our terms of service & privacy policy. Even if it's not ethical or appropriate the company still expects it. may be available from PACER. We use cookies to analyze website traffic and optimize your website experience. Similarly, Lembke claims that in order to meet his high productivity requirement of 94%, and treat all the patients as well as complete all the paperwork, he also had to routinely work off the clock during the week, and which the company knew was happening. Davis stated that Urbanski's documentation was more thorough and detailed. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. The parties disagree that Hartman suffered an adverse employment action and that Select used age as a factor in deciding to terminate Hartman, giving rise to an inference of age discrimination. By pointing to these individuals, Select appears to ignore the "similarly situated" requirement of the reduction-in-force prima facie case. Nikolay Nisimov v. Select Rehabilitation, LLC et al - UniCourt Working at Select Rehabilitation: 647 Reviews in US - Indeed Use the links below to access additional information about this case on the US Court's PACER system. A Select Rehab executive told McKnight's Long-Term Care News that cursory antitrust and regulatory reviews should be completed by the end of the year, hopefully sooner so the deal can close by .

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