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Former worker sues care center

WARREN — A former bus driver for a Cortland area senior care center is suing her former employer, saying she was wrongfully terminated because she had reported to the state health department safety hazards, including the presence of black mold, at the Sodom Hutchings Road facility.

The attorney for Barbara Soles of Logan Avenue, Warren, filed a lawsuit in Trumbull County Common Pleas Court last month, asking that Concord Care Center restore the former worker to one of the positions she previously held and compensate her for lost wages and pay her $25,000 in damages.

The case was assigned to Judge Ronald J. Rice who has not set any hearings. Concord Care Center officials did not return a call to comment on the lawsuit. The court docket states that the defendants did receive a copy of the lawsuit.

Soles’ attorney, Fred M. Bean of Beachwood, wrote that Soles began working for Concord on Dec. 4, 2018, and in September 2020, the worker observed black mold in the basement of the facility and reported it to then-administrator John Remm. A new administrator, Lynn Leary, took over and Soles repeated her concerns about the mold infestation in October 2020.

By March, according to the lawsuit, a ceiling had collapsed into a resident’s room resulting in an uncontrollable leak and certain rooms were no longer handicap accessible and half of the building did not have access to hot water. Soles’ lawsuit also noted that night aides supposedly on call were sleeping on the job and unqualified housekeeping staff were being asked to care for patients.

On March 20, the lawsuit states Soles reported these problems to the state health department. The state department commenced an investigation at the facility April 5 with Concord passing inspection but significant repairs and other remedies were needed to keep the facility in compliance.

According to the lawsuit, Soles noted the woman was being treated differently by her work colleagues, being referred to as “the one who called the health department.”

On April 22, Soles was told by management she could no longer continue as a bus driver without certification as an STNA, and was offered a job in the kitchen.

The next day, the lawsuit states, her boss accused Soles of “harassing residents and their families” and fired her.

In a written statement by the company, the lawsuit states, Soles was informed the reason for termination was “harassing residents and their families.”

According to the lawsuit, “Concord’s purported reason for termination is pretext for whistleblower retaliation.” The lawsuit also noted the employer had skipped steps in its discipline policy when dealing with Soles.

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