Class action lawsuit initiated against Insight
Insight Health System is facing legal action in the form of a federal class action lawsuit for allegedly failing to provide the required notice before laying off employees at its medical facilities in Trumbull County. The lawsuit claims that Insight Hospital Medical Center Trumbull and Insight Rehabilitation Center Hillside did not give the mandatory 60 days’ advance notice to their employees before terminating their positions.
The lawsuit was initiated by David McCullough, a resident of Garrettsville and a former employee at Insight Rehabilitation Center Hillside. McCullough’s legal complaint, totaling 18 pages with four counts, was filed in the U.S. District Court located in the Northern District of Ohio. The case has been assigned to Judge Benita Y. Pearson, who holds jurisdiction in the court’s Eastern Division in Youngstown.
Named as defendants in the lawsuit are Insight Foundation of Hillside, Insight Foundation of Trumbull, and Firdaus Foundation. Firdaus Foundation, a Michigan-based nonprofit operating as Insight Foundation of America, is the entity that owns Insight Health System. McCullough was among the 143 employees at Hillside who were let go following the temporary suspension of operations at all Insight locations in the county, excluding emergency services and limited lab and radiology facilities.
Insight filed a Worker Adjustment and Retraining Notification (WARN) Act notice with the Ohio Department of Jobs and Family Services after suspending operations at Hillside. However, the lawsuit alleges that Insight did not adhere to the WARN Act guidelines and also deducted employee wages for benefits that were never provided.
McCullough and his legal representation are seeking restitution for lost wages and benefits during the 60-day required notice period. The lawsuit accuses Insight of misleading employees by claiming they were being “furloughed” and would continue to be paid for accrued vacation time, which, according to the lawsuit, was not honored by Insight.
The lawsuit encompasses four main counts, addressing Insight’s alleged violation of the WARN Act, the company’s disregard for Ohio employment laws regarding wage payment and benefits, its corporate identity, and the requested judicial relief. McCullough is represented by attorneys Robert J. Dubyak and Christina C. Spallina from Dubyak Nelson LLC, a legal firm based in Mayfield Heights.
Despite the legal action taken against Insight Health System, the company did not provide any comments or responses regarding the lawsuit or the allegations made against them. This case highlights the importance of employers adhering to labor laws and regulations, specifically in terms of providing proper notice and compensation to employees in the event of layoffs or terminations.