2722, at 373, 379 ). Co. , 359 F.3d 296, 301 (3d Cir. Tr. There is no other evidence of the offer in the record. Tr. As occupational therapists, Hartman and Urbanski were required to complete and submit treatment documentation to Casamba. at 61:22-62:7, 153:16-21; Hartman Dep. Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) Davis claimed Urbanski was a "team player" who was willing to help out at other facilities, but Hartman pointed out that Urbanski began working for Select in a split-shift position where she divided her time between different facilities. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. The U.S. District Court for the Southern District of Illinois reported the following activities in the suit brought by Select Rehabilitation, LLC against EmpowerMe Rehabilitation IL, LLC, Erik D. Painter and Paul Vazquez on March 9. Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. P. 56(a). Tr. at 146:17-23. In some of her progress notes, Hartman did not list the patient's short term goals, only long-term goals, making it impossible to measure progress. for Summ. 1999). Id. Pa.). In any event, if an offer was made, there is no evidence that the alternative Florida position was comparable to Hartman's previous position. Pl. /PRNewswire/ -- Feldman Legal Group is investigating potential claims on behalf of therapists working for Select Rehabilitation and Reliant Rehab. A: As I've said before, HR"). Select furloughed Mike, a physical therapist, and Kendra, a PTA, who are both in their thirties. (gk) (Entered: 04/29/2021), Docket(#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. 118:9-14. at 52:18-21, 63:19, 83:12-84:17. 'Complaint (verified Complaint For Preliminary Injunction, Permanent Injunctive Relief, Damages And Other Relief For Breach Of Non-solicitation Covenant And . 2013) (plaintiff was not similarly situated to other employees working in different positions in different departments). (Cabrera, Krista) (Entered: 03/22/2021), (#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. Urbanski did not recall Select giving its staff any PDPM education. Low treatment minutes even if the pt. Hartman's PHRA claim was dismissed because she had not exhausted her administrative remedies before the Pennsylvania Human Relations Commission with respect to that claim. (mrgo) (Entered: 04/22/2021), (#29) ORDER by Judge Stanley Blumenfeld, Jr. 27), it is ORDERED that the motion is DENIED . Hartman Dep. Select claims Hartman resigned after being reduced from full-time to part-time pro re nata status. Drawing all inferences in favor of Hartman as the non-movant, she has established that Select's reduction-in-force discriminated against older workers and her in particular, thus satisfying the fourth element of the prima facie case under either the traditional or the reduction-in-force standard. Original Summons NOT returned. The Fair Labor Standards Act (FLSA) requires Select Rehab to pay all non-exempt, hourly paid employees time and one half (1.5) their regular rate of pay for all overtime hours that any employee works each week, and for all hours it knows are worked, or should know were worked. Hartman claims she was terminated. And the best part of all, documents in their CrowdSourced Library are FREE! Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. Tr. (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. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. Her hourly rate is $38. at 71:20; Pl. at 27:6-8; Davis Dep. Urbanski Dep. . Productivity Requirement Scheme: The lawsuit alleges that Select Rehabilitation and Reliant Rehab used a productivity requirement scheme to avoid paying overtime wages. The case status is Pending - Other Pending. As a result of DEFENDANTs intentional disregard of the obligation to meet this burden, DEFENDANT allegedly failed to properly calculate and/or pay all required compensation for work performed by the members of the CALIFORNIA CLASS and violated the California Labor Code. We're the nation's trusted leader in contract therapy services. By accepting our use of cookies, your data will be aggregated with all other user data. (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). 21), the plaintiff's response (Document No. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. 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 . Tr. Protected by Google ReCAPTCHA. at 16:20-21, 17:16-21. Productivity expectations are reasonable and upper management has proven to be accessible and supportive. Pa. 2005) ("[A] plaintiff can survive summary judgment without alleging a reduction in pay or benefits, provided that the plaintiff alleges other facts demonstrating that the transfer was in some way adverse"). Granting Application of Non-Resident Attorney Diane G. Walker to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #21 . at 33:7-18, 44:24-45:3. Burdine , 450 U.S. at 256, 101 S.Ct. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. (gk) (Entered: 04/20/2021), Docket(#28) ORDER by Judge Stanley Blumenfeld, Jr. The Justice Department announced today that Genesis Healthcare Inc. (Genesis) will pay the federal government $53,639,288.04, including interest, to settle six federal lawsuits and investigations alleging that companies and facilities acquired by Genesis violated the False Claims Act by causing the submission of false claims to government health Tr. Court Reporter: Not Present. Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. 2001) (internal citation and quotation marks omitted). MEMORANDUM CAPUTO, District Judge. See also In re Trib. Tr. In addition to treating patients, her duties include administrative and supervisory tasks. (Cabrera, Krista) (Entered: 03/29/2021), Docket(#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. 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. 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 . at 24:12-25:4, 25:10-17; Milks Decl. The Court has reviewed the Joint Rule 26(f) report #31 and sets the pretrial and trial dates noted in this order. Even if Macalis were similarly situated to Hartman, her age of 48 does not preclude a finding of age discrimination. Id. 2006) (citing 10A Charles Alan Wright et al., Fed. FED. A plaintiff may discredit the proffered reason by demonstrating " such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons to satisfy the factfinder that the employer's actions could not have been for nondiscriminatory reasons." The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. After each audit, Serene reviews the audit with the therapists and provides follow-up education for complying with Select's documentation standards. The investigation concerns whether the two companies have engaged in practices that. There is evidence that Hartman and Urbanski were similar. 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. Contact UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF PENNSYLVANIA 615 Chestnut Street, Suite 1250 Philadelphia, PA 19106 JENNIFER CRANDALL Media Contact 215-861-8300 Davis claimed she did not know Hartman's age when she and Serene made the decision to reduce her to PRN status. Davis denied ever telling the staff at Towne Manor East or West that their jobs were safe. Although Hartman's hourly rate was higher than Urbanski's and she did not possess a master's degree, Davis testified that hourly rate and education were not factors in their decision. It may arise where technology or other changes to the industry or workplace enabled the employer to reduce its workforce. Discovery should begin shortly, then depositions, mandatory pre-trial mediation and a jury trial scheduled for 4/1/24. Lujan v. National Wildlife Fed'n , 497 U.S. 871, 888, 110 S.Ct. Milks stated that the therapy staffs at the Towne Manor facilities were never informed that Urbanski had any role with PDPM education. 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. Also, the FLSA mandates employers must cover the lawyer's fees directly," explains 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. Swierkiewicz v. Sorema N.A. Tr. 1999). 2257, 141 L.Ed.2d 633 (1998) ); reassigning an employee to a "dead-end" position that was soon eliminated, Torre , 42 F.3d at 831 ; giving an employee a potentially less profitable sales position, Goosby v. Johnson & Johnson Med., Inc. , 228 F.3d 313, 319 (3d Cir. Davis, Bd. 1999) (quoting Sempier v. Johnson & Higgins , 45 F.3d 724, 729 (3d Cir. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. PRNs do not receive health insurance. 2004) (citing Anderson , 297 F.3d at 250 ) (similarly situated employees "work in the same area in approximately the same position"). 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. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/16/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), (#4) PROOF OF SERVICE filed by Defendant SELECT REHABILITATION, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 served on 03/22/2021. Id. New comments cannot be posted and votes cannot be cast. When Urbanski started with Select, she split her time between Towne Manor East and another facility, Suburban Woods. 's Resp. Granting Application of Non-Resident Attorney Robert Smeltzer to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #23 . , 225 F.3d 1115, 112324 (9th Cir. There is no dispute that Hartman has satisfied the first and third elements of the prima facie case. 2009) (internal quotations and citations omitted). The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. Ky. 2021) Court Description: MEMORANDUM OPINION AND ORDER by Chief Judge Greg N. Stivers on 8/24/2021 denying 35 Motion to Dismiss for Failure to State a Claim cc: Counsel (JWM) Download PDF It need only show that its decision could have been motivated by the proffered legitimate, non-discriminatory reason. Reach out to the author: contact and available social following information is listed in the top-right of all news releases. Tr. Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. Id. Her nickname among the employees was "Assistant Director of Rehabilitation," though she never held an official title of "director" or "manager.". (gk) (Entered: 04/20/2021), (#28) ORDER by Judge Stanley Blumenfeld, Jr. In 2019, Medicare introduced changes to its regulatory model. Id. She began working full-time at Towne Manor East in July 2018, when Suburban Woods switched from Select to another therapy provider. (citations omitted). 118:6-14; Davis Dep. Though Macalis was a manager, the PDPM system reduced her administrative burdens, enabling her to conduct more patient treatment. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. L'Escale. The settled civil claims are allegations only. A more recent docket listing See Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. (gk) (Entered: 04/29/2021), (#32) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. Anderson , 297 F.3d at 250. Co. , 860 F.2d 1209 (3d Cir. Thus, we shall deny Select's motion for summary judgment. Employees were also allegedly denied second off-duty meal breaks when working ten [10] hour shifts. Under this alleged scheme, if overtime hours were reported, a therapist would fail the productivity standard and would be subject to disciplinary action, including termination of employment. at 68:16-69:9; Davis Dep. 1996) (citation omitted). of Trs. Select eliminated one of two occupational therapist positions at its Towne Manor East facility as part of a reduction-in-force and terminated Hartman while retaining a significantly younger occupational therapist for the remaining full-time position. 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 51:22-52:2; Davis Dep. Service of the Summons and Complaint were executed upon Jessie Gastelum, Registered Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. at 68:6-15. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | 2:16-cv-03569 (D.N.J.). It "need not prove that the tendered reason actually motivated" its decision. at 66:20-22. Mike is a physical therapist, Judy is a COTA and Kendra is a PTA. Urbanski Dep. at 50:24-51:12; Davis Dep. 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. Select Rehabilitation makes your job easier with comprehensive clinical, regulatory and reimbursement expertise from a single source. Doe v. C.A.R.S. Tr. Fiorentini v. William Penn Sch. Id. Select Rehabilitation, LLC v. EmpowerMe Rehabilitation Kentucky LLC et al, No. at 94:11-96:6. During October 2019, Select Medical and certain of its subsidiaries entered into a settlement agreement with the United States government and the Relators in connection with this qui tam. Christopher J. DelGaizo, Derek Smith Law Group, PLLC, Philadelphia, PA, for Katherine Hartman. Hartman has moved for leave to amend her complaint to add the PHRA claim now that she has exhausted administrative remedies. In examining the motion, we must draw all reasonable inferences in the nonmovant's favor. Hartman claims Select's decision was motivated by her age. Hartman testified that Serene offered her the position when she informed Hartman of the reduction. Trial Filings (First Set) Deadline 01/14/2022. 2003) ; and revoking a person's office, dismissing her secretary, and assigning her less work, Durham Life Ins. We shall refer to Hartman's separation from full-time employment as "elimination" or "reduction" in this opinion. From 1997 through March 31, 2016, SMRS offered contract rehabilitation therapy services to SNFs across the country. Hartman claims that while working for Accomplish and later Select, she was the backup Program Manager for Towne Manor East when Macalis was unable to attend a meeting. The Judges overseeing this case are Maria A. Audero and Stanley Blumenfeld, Jr. at 49:12-18; Urbanski Dep. Hartman Dep. Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). Select Rehabilitation website As a premier leader in contract therapy services, Select Rehabilitation provides comprehensive physical, occupational, and speech therapy in a variety of clinical settings, throughout 44 states in over 2,400 locations nationwide. With over two decades of experience in civil litigation, including serving as lead counsel in numerous Nationwide, Federal Class and Collective Wage and Hour Overtime wage cases, the Feldman Legal Group has proven proficiency in representing clients to receive adequate compensation for damages. for Summ. Ideal Dairy Farms, Inc. v. John Labatt, Ltd. , 90 F.3d 737, 744 (3d Cir. Hartman Dep. Urbanski Dep. The investigation and resolution of this matter illustrate the governments emphasis on combating health care fraud. Although Davis claimed that leadership potential, clinical performance and documentation "weighed equally" in Select's decision, she stated that the decision was based "primarily" on documentation. Davis also claimed Hartman's documentation contained vague and subjective measurements for a patient's goal regarding grip strength. Monaco , 359 F.3d at 305. 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. 2023 Select Rehabilitation, Select Rehabilitation and LIFE are registered trademarks. 59 PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION AND FOR COURT SUPERVISED ISSUANCE OF NOTICE TO THE PUTATIVE CLASS AND SUPPORTING MEMORANDUM OF LAW (1) (pdf). 2548, 91 L.Ed.2d 265 (1986). Questions about your PRWeb account or interested in learning more about our news services? Hartman claims she was terminated. (Cabrera, Krista) (Entered: 03/22/2021), (#1) NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV05917 Receipt No: ACACDC-30960825 - Fee: $402, filed by Defendant SELECT REHABILITATION, LLC. Tr. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." Martinez , 986 F.3d at 265 ("Our analysis of the ADEA applies equally to the PHRA."). Alleged Practices Related to Denial of Overtime Pay. at 50:7-16, 51:1-5; Davis Dep. at 9; Davis Dep. Id. Hartman Dep. Use the links below to access additional information about this case on the US Court's PACER system. 15-5708 (E.D. at 645 (citing Fuentes , 32 F.3d at 764 ). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. A .gov website belongs to an official government organization in the United States. 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 54:1-54:23; Def. Working closely with our law enforcement partners, we will tirelessly pursue unscrupulous health care companies to protect patients and federal health care programs.. 's Mot. PRNs receive no benefits, no health insurance, no routine schedule and no guaranteed minimum hours. 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). (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 | Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. Was this review helpful? Hartman claims that Serene refused, but offered her a full-time position in Florida. This press release was issued through 24-7PressRelease.com. Having shown the material changes in demoting her from full-time to PRN status, Hartman has satisfied the adverse employment action element. 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. Tr. Summary judgment is appropriate "if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." 1331 Fed. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. 's Resp. As a result of their rigorous work schedules, PLAINTIFF was from time to time unable to take off-duty meal and rest breaks. at 136:15-19. 31071843) filed by Defendant Select Rehabilitation, LLC. 2405, 165 L.Ed.2d 345 (2006) (quoting Oncale v. Sundowner Offshore Services, Inc. , 523 U.S. 75, 81, 118 S.Ct. Gen. Assur. 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. 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. You are not alone if you suffered to work without pay working for Select Rehab. 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. Contract rehabilitation therapy companies, like other health care providers, will be held accountable if they knowingly provide patients with unnecessary services that waste taxpayer dollars., Skilled nursing facility residents and their families must be assured that the care and therapy that residents receive is based on medical need, not greed, said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. Fuentes v. Perskie , 32 F.3d 759, 763 (3d Cir. Hartman Dep. (citing Sempier , 45 F.3d at 729 ). Hartman also worked as an occupational therapist at Suburban Woods. Trial Filings (Second Set) Deadline 1/28/2022. (the UCL), by engaging in a company-wide policy and procedure which failed to accurately calculate and record the correct overtime rate for the overtime worked by PLAINTIFF and other CALIFORNIA CLASS Members. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/16/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), Docket(#4) PROOF OF SERVICE filed by Defendant SELECT REHABILITATION, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 served on 03/22/2021. Protection Plus, Inc. , 527 F.3d 358, 365 (3d Cir. According to Davis, unlike Hartman's, Urbanski's documentation for the same patients contained very specific notes about the skilled techniques provided, with objective measurements demonstrating the patient's progress. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. Their attorneys represent individuals and their loved ones in cases involving employment litigation, workers' compensation, and personal injury. Final Pretrial Conference and Hearing on Motions in Limine set for 2/11/2022 11:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 6/28/2021. Select Rehabilitation, Inc., et al., Civil Action No. "With the aid of an employment lawyer, these employees may seek several forms of compensation, including reinstatement, promotion, recovery of lost wages, and punitive damages. at 33:24-34:2, 34:24-35:6; Hartman Dep. Tr. The claims resolved by the settlement are allegations only, and there has been no determination of liability. Tr. Mitchell Feldman, an attorney at Feldman Legal Group, explains that the companies allegedly used this practice "to maximize Medicare billing which could lead to profits of many millions of dollars. 25) and the plaintiff's sur-reply (Document No. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. What qualifies as an adverse employment action is broader than the statutory definition. Tr. Tr. 2017) (citing Burlington Indus., Inc. v. Ellerth , 524 U.S. 742, 761, 118 S.Ct. The United States alleged that SMRS corporate policies and practices encouraged and resulted in the provision of medically unnecessary, unreasonable and unskilled therapy services being provided to patients at the 12 SNFs. Davis visits Towne Manor East approximately three to five times a year. "[W]hile [d]ifferent courts have held that a five year difference can be sufficient, a one year difference cannot. " Id. Establishing a prima facie case of discrimination "is not onerous and poses a burden easily met." Original Summons NOT returned. See also Willis , 808 F.3d at 64445. Although Serene and Macalis observed Hartman and Urbanski in therapy sessions at various times, neither recorded any negative feedback regarding Hartman or Urbanski. She graduated from Temple University with bachelor of science and master's degrees in occupational therapy earlier that year. They considered each employee's leadership skills, clinical performance and documentation. Hartman does not possess a master's degree because an advanced degree was not required for licensure in 1996. 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. Although a reduction-in-force often occurs when an employer is experiencing a decline in business or other economic hardship, it is not limited to those circumstances. Davis, Serene's supervisor based in Florida, knew nothing of an offer. ), Filed By Select Rehabilitation, Llc. at 147:12-21, 149:22-23, 150:15-151:11. Serene visits the facilities she oversees, including Towne Manor East, about ten to twenty times a year. Rhne (69) GENOPSY. (Cabrera, Krista) (Entered: 03/22/2021), Docket(#3) CORPORATE DISCLOSURE STATEMENT and Certification and Notice of Interested Parties filed by Defendant SELECT REHABILITATION, LLC identifying SRI Intermediate, LLC as Corporate Parent.

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