Injured Nurse Terminated from Job
Maryanne Grande, a former St. Clare’s Hospital nurse who was repeatedly injured on the job before being terminated by her employer, is headed to court.
Grande filed a lawsuit against the Denville hospital after working there for 10 years beginning in 2000. She provided care for stroke victims and other patients in need of substantial support.
After suffering multiple work-related injuries that began in 2007, one of which required a 12 month leave, Grande was terminated from her position. She filed her lawsuit in 2011 against St. Clare’s accusing the hospital of violating the state Law Against Discrimination.
Recently, the New Jersey Supreme Court upheld a ruling from an Appellate Division that ordered a trial in the lawsuit. A lower court had found in favor of the hospital and stated Grande had failed to show she was performing or able to perform her job duties.
According to a statement from the court, “… an employer must prove that its standards relate to the employee’s duties and that no reasonable accommodation exists that will allow the employer to continue in her position.”
Grande’s attorney issued a statement following the court’s ruling, and mentioned that Grande is currently working in a rehabilitation facility doing many of the tasks the hospital claimed she could not safely perform.
Grande injured her left shoulder while moving a patient in 2007. The injury required surgery and physical therapy. She reinjured the same shoulder the following year while working with another patient. Three months prior to her termination, Grande endured an injury to her cervical spine when she attempted to catch a patient who had begun to fall.
Grande’s attorney stated that she is not necessarily seeking to be reinstated into her old position, but “would appreciate an offer.”
So far, no trial date has been set.
Helping West Virginia Employees Receive Fair Treatment
We’ve worked with many clients throughout West Virginia and the surrounding area who were injured on the job and treated unfairly following the incident. We believe that no employee should lose his or her livelihood because of an injury that occurs while on the job, and we’ll do whatever it takes to ensure employers behave within the letter of the law.
West Virginia is an at-will employment state, which means employers can fire employees at any time for any reason. However, there are laws limiting the reasons for which an employer can terminate an employee and if the employer breaks these laws, the employee has a right to seek compensation.
It shouldn’t come as a surprise that employment laws are complicated, especially when there is an on-the-job injury involved. Employers and their attorneys will go to any length to protect themselves, even at the expense of their staff. Our goal is to help employees understand employment and workers’ compensation laws, and to ensure they are treated fairly in the workplace, especially after an injury.
If you would like to learn more about West Virginia’s workplace laws or you have been injured while working and you believe your job is at risk, we can help. Contact Heavens Law at 888.897.5377 to discuss your situation and determine if you have a case.