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Former Schuylkill worker files suit

A former Schuylkill County Clerk of Courts employee is alleging a series of violations of her civil rights and unlawful employment practices in a lawsuit filed last month in U.S. Middle District Court.

Angela Malusky named the county and former county Clerk of Courts Maria Casey, in the complaint, which revolves around her perceived treatment during her 15-year employment tenure.

According to the complaint, Malusky, who is represented by counsel Deborah Ann Gearhart of Krevsky Bowser LLC, said Casey continually demanded her to perform personal errands and tasks beyond the scope of her job duties without compensation.

The duties, Malusky said, included picking up Casey’s medical supplies, driving Casey around town to deliver meals to constituents of her party, packing gift baskets for Casey’s political supporters and taking Casey home from work.

Casey served as Clerk of Courts from January 2016-January 2024. In 2023, Casey ran for, but failed to secure, a County Commissioner seat.

These additional duties, Malusky added, imposed both during personal time and work hours, allegedly created an abusive work environment and exacerbated Malusky’s physical and mental impairments, including anxiety and depression.

“(Malusky’s) claims arise due to being subjected to an abusive work environment by agents of Schuylkill County and suffering retaliation as a result of requesting medical leave,” the complaint states. “A non-exhaustive list of major life activities that are substantially limited by her medical impairments include her ability to sleep and concentrate. Due to the intensifying symptoms of her disability, she requested various medical leaves of absence as an accommodation for her disability. Upon returning to work, she suffered discriminatory comments from co-workers about her absence.”

Additionally, Malusky alleges that Schuylkill County “failed to accurately track her hours worked and reimburse her for mileage driven for work-related purposes.” She argues, “when she attempted to enter the time required for these additional duties on her time sheet, her direct supervisor would remove the time.”

Malusky also contends that Schuylkill County failed to reimburse her for mileage driven to perform her job duties.

In July 2022, the complaint states, Malusky tested positive for COVID-19 and arranged for a medical leave of absence, which she said was approved by the county’s human resources department.

Upon returning to work on July 22, she was handed a termination slip and informed, “a resignation in lieu of termination would be acceptable.”

“Casey exerted considerable pressure on (Malusky) to provide a resignation letter,” the complaint states. “(Malusky) conceded and provided a letter of involuntary resignation. In the letter of resignation, (Malusky) did site her health as the reason for leaving employment with the county.”

Malusky claims “being denied a Loudermill hearing prior to her termination” violated her due process rights

“(Malusky) provided her letter of resignation only after the deprivation of her rights to a Loudermill hearing,” the complaint states.

The claims, the complaint states, fall under the Americans with Disabilities Act, Fair Labor Standards Act, Pennsylvania’s Wage Payment and Collection Law, and the Pennsylvania Minimum Wage Act.

Per the complaint, Malusky seeks a jury trial and various forms of relief, including back pay, compensatory damages, attorney fees, and an order prohibiting further unlawful employment practices.

Schuylkill County and Casey have yet to officially respond to the lawsuit.