Class action lawsuit filed against Insight
Claims health system did not give proper 60-day notice of layoffs
Insight Health System faces a federal class action lawsuit alleging it failed to provide 60 days’ advance notice before terminating employees at its Trumbull County medical facilities, including Insight Hospital Medical Center Trumbull and Insight Rehabilitation Center Hillside.
David McCullough, a terminated Hillside employee and Garrettsville resident, initiated the action Tuesday in an 18-page, four-count complaint filed with the U.S. District Court, Northern District of Ohio.
The case has been assigned to Judge Benita Y. Pearson, who presides in the court’s Eastern Division based in Youngstown.
McCullough’s attorneys named Insight Foundation of Hillside, Insight Foundation of Trumbull and Firdaus Foundation as defendants. According to court documents, Firdaus Foundation is a Michigan-based nonprofit operating as Insight Foundation of America and owns Insight Health System.
McCullough was among the 143 Hillside employees without jobs when operations at all Insight locations in the county, except for its emergency room and limited lab and radiology services, were temporarily suspended March 24. Insight temporarily ended all services at 3 p.m. March 27.
The next day, Insight filed a Worker Adjustment and Retraining Notification (WARN) Act notice with the Ohio Department of Jobs and Family Services that focused on the Hillside facility and its workers. Hospital officials told the state they could not guarantee they would return to their jobs and would not commit to resuming operations.
McCullough’s attorney said Insight did not provide the proper notice under the federal WARN Act. They also claim Insight deducted employee wages for benefits that were not provided.
On behalf of the affected employees and himself, McCullough is seeking lost wages covering the 60-day period and benefits.
“(Insight) claimed that employees were temporarily being ‘furloughed’ and would remain on the payroll to receive accrued vacation time,” the lawsuit states. “However, (Insight has) failed to pay (McCullough) and the Class for accrued vacation time and at least three weeks’ worth of wages prior to terminating their employment.”
The four counts address Insight’s alleged failure to provide proper notice under the WARN Act; Insight’s alleged violation of Ohio law as it relates to employee pay and benefits; Insight’s identity as a corporate entity; and judicial relief.
Representing McCullough are attorneys Robert J. Dubyak and Christina C. Spallina of Dubyak Nelson LLC, based in Mayfield Heights.
Insight Health System did not respond to a request for comment.