LEWISBURG – A Greenbrier County woman has sued a Chicago-based assisted living facility operator after she was fired for refusing to take a COVID-19 vaccine.
Stephanie McCutcheon filed her lawsuit June 3 in Greenbrier Circuit Court against Enlivant ES, which owns and operates Seasons Place Assisted Living in Lewisburg.
According to her complaint, McCutcheon was fired June 1 for refusing to take a COVID vaccine. She says she worked at the facility for five years.
She says Sherry Shires, the facility’s executive director, tried to convince McCutcheon to get the vaccine by falsely saying the vaccine was approved by the FDA and that it was safe.
“Plaintiff had performed her own research on the vaccines for COVID-19 and had determined that the appropriate personal medical decision for her was to not take the COVID-19 vaccine,” the complaint states. “Plaintiff continued to protest to her employer that she felt strongly that she could not, and would not, get the vaccine.”
In a May 25 letter addressed to “Dear Employee,” Enlivant Human Resources Director Andrew Knuth said employees who are not vaccinated puts others at risk.
“As such, to protect our residents, employees and visitors, Enlivant determined that beginning June 1, 2021, all Enlivant employees at your community must be vaccinated,” Knuth wrote. “Therefore, due to your personal choice to remain unvaccinated contrary to the essential functions of your job and Enlivant’s job requirements, we are accepting your voluntary resignation effective June 1, 2021.”
On June 1, McCutcheon was discharged from her job, but she told her employer she refused to voluntarily resign.
“Knowing it was a violation of federal law to mandate the vaccine, they attempted to frame her termination as a resignation,” John Bryan, McCutcheon’s attorney, wrote on his website. “Given that it appears to be a form letter, they have apparently done this to other employees. They have assisted living facilities in numerous states.”
The 22-page complaint includes information how the vaccines are not approved by the FDA, but rather approved for emergency use. It also details the timeline of “The Rush To Find An Experimental COVID-19 Vaccine,” and it lists “serious health concerns” about the vaccines.
McCutcheon accuses Enlivant of retaliatory discharge. She seeks a declaration about whether a private employer in West Virginia can mandate “the unapproved non-mandatory” COVID-19 vaccine for employees.
She seeks a preliminary injunction to keep the defendant from firing her and reinstating her to her previous position. She seeks an expedited hearing based on the time-sensitive nature of the case.
McCutcheon also seeks compensatory damages, punitive damages, attorney fees, court costs and other relief.
Greenbrier Circuit Court case number 21-C-48