![]() Poe-Smith there were plenty of cases and plenty of new cases coming in every day." (Id. (See id.) After that initial offer, Epic continued to give her "offers for assignments that were only two to three hours sporadically or serving as a back-up aide," but Epic also "assured Ms. Poe-Smith declined the offer because the job started at 7:30 a.m. Weigand's behavior, Epic offered her a new assignment. Williams to ask whether he could give Ms. Weigand had been calling Meghan Williams on the telephone and sexually harassing her during the same time that Ms. Weigand' s behavior based on his interactions with a supervisor at Epic, as well as the Weigands' history with other home healthcare services. Poe-Smith alleges that Epic should have been aware of Mr. 1 Smith admits that, before that date, she "did not complain to Epic about Mr. 16), and will be taken as true in evaluating Epic's motion to dismiss. 3 The background is based on the facts alleged in Ms. 10), in light of the filing of the amended complaint. 30) 2 The Court will deny as moot Epic's motion to dismiss the original complaint (D.I. Poe-Smith, the parties stipulated to dismiss all claims again Epic Health Services (DE), LLC without prejudice. 's representation that it is the entity that employs Ms. Poe- 1 In light of Epic Health Services, Inc. Poe-Smith reported the incident to Epic on May 15, 2015. He then smacked her on her buttocks." (Id. ![]() Poe-Smith with his open palms on her shoulder blades with full force," causing her to "fl_a]ll forward, bending at the waist. Weigand followed her, and "then pushed Ms. Weigand "bought her a maid's costume while on vacation" and "told her she would have to model it." (Id. Weigand's inappropriate behavior culminated on May 12, 2015, when Mr. Poe-Smith by directing sexual innuendos and inappropriate comments toward her. at ii 12) From February 2015 until May 2015, Mr. 16 at ii 6) In February 2015, she was assigned by Epic to work for a client residing in the home of Leo and Sherrie Weigand. BACKGROUND 3 Anita Poe-Smith is employed by Epic as a home health aide. 17) 1 For the following reasons, the Court will grant in part and deny in part the motion. MEMORANDUM OPINION MaWilmington, Delaware Presently before the Court is Defendant Epic Health Services, Inc. Combs, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., Philadelphia, PA Attorneys for Defendants Epic Health Services, Inc. Russell, YOUNG CONAWAY STARGATT & TAYLOR, LLP, Wilmington, DE Jacqueline R. Gallagher, CURLEY, DODGE, & FUNK, LLC, Dover, DE Attorney for Plaintiff. WEIGAND, and SHERRIE WEIGAND, Defendants. 16-660-LPS EPIC HEALTH SERVICES, INC., EPIC HEALTH SERVICES (DE), LLC, LEO A. 31 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANITA POE-SMITH, Plaintiff, V. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |