A Poughkeepsie rehab center that treats people with disabilities allegedly fired a disabled employee in violation of the federal Americans with Disabilities Act.
Mark Dotterer of Wappingers Falls accused The Pines at Poughkeepsie Center for Nursing and Rehabilitation of discrimination and unlawful termination, in a complaint filed Dec. 13 in U.S. District Court in White Plains.
The Pines retaliated against him, Dotterer claims, because he took a leave from work to undergo surgery.
The Pines did not respond to an email asking for its side of the story.
The center is part of National Health Care Associates Inc., a network of skilled nursing and assisted living facilities in the Northeast that feature physical, occupational and speech therapies.
The Pines is dedicated to “kindness, compassion, service and excellence,” its website states, “in an environment where individuality, dignity and value of those who are served, as well as those who serve, is nurtured and appreciated.”
It promotes itself as maintaining a 5-star facility, the highest rating bestowed by the Centers for Medicare & Medicaid Services. But its most recent CMS rating, on Nov. 1, was 3 stars, or average.
Dotterer says he began working for The Pines in March 2020 and injured his right knee about six months later. Later, the injury was diagnosed as a torn meniscus, a rubbery structure that stabilizes the knee and absorbs shocks to the cartilage.
He wore a brace to work, according to the complaint, and delayed getting surgery because of the Covid-19 pandemic.
The complaint does not say where and how he was injured, does not describe his work at the center, and does not say whether he sought therapy or medical advice there.
Dotterer says that about six months after the injury he notified human resources director Lisa Massarelli that he would undergo surgery in April 2021 and then would need four to six weeks off from work to recover.
He says he notified his supervisor, Nunzio Incorvaia — manager of engineering and environmental services, according to a LinkedIn profile — and asked for a week off before the surgery.
Incorvaia allegedly approved the week off before surgery and “indicated” approval for four to six weeks afterward.
Dotterer underwent surgery on April 2, 2021.
On April 14 he received a voicemail message to call Massarelli. Two days later, he received a letter from her.
The letter states that he had not returned paperwork for approval of his absence, according to the complaint, he had not responded to text and phone messages from Incorvaia and he had not responded to Massarelli’s phone call.
“Therefore, we are accepting this as your voluntary resignation,” the letter states.
Dotterer claims he had “multiple interactions” with Incorvaia while on leave and was never told that his position was in danger. Massarelli’s phone message, according to the complaint, did not include a deadline for responding.
Attorneys Nathaniel K. Charny and H. Joseph Cronen of Rhinebeck argue that The Pines refused to provide Dotterer with a reasonable accommodation for his disability, and thus violated the Americans with Disabilities Act and New York State employment law.
Dotterer is demanding damages for lost wages and benefits and for mental and emotional injury.
