Lawsuit filed against healthcare company that owns potential new home for Portage Manor residents

A class action lawsuit was filed against a healthcare company that operates an Elkhart healthcare center that could take in Portage Manor residents.

The lawsuit was filed back in February against CommuniCare Family of Companies, who have a number of facilities across the Midwest and eastern United States, including Indiana, Missouri, Pennsylvania and Virginia.

CommuniCare operates Valley View Healthcare Center in Elkhart. On June 6, St. Joseph County Council member Amy Drake told ABC57 News there have been negotiations to move many residents to Valley View if Portage Manor closes.

The lawsuit in question claims CommuniCare’s employment is essentially indentured servitude and violates the Fair Labor Standards Act (FLSA) and Trafficking Victims Protection Act (TVPA).

The plaintiff in the case claims CommuniCare failed to pay her and other employees overtime compensation, gave them too many patients to sufficiently care for, and held employees to an unlawful Repayment Provision.

Through its recruiting partner, Worldwide HealthStaff, which has offices in the Philippines, CommuniCare hired a number of nurses from the Philippines to work at their U.S. facilities.

Issues with case load

The plaintiff in the lawsuit, who works at one of CommuniCare’s Missouri facilities, said that on most days, she was assigned to be a charge nurse taking care of 36 to 39 long-term care patients.

She said many times, she could not get to patients fast enough to give them medication on time, and often heard patients moaning in agony while they waited for care.

Prior to signing a contract with the company, CommuniCare allegedly told the plaintiff she would be assigned a manageable patient case load.

Lack of compensation during meal breaks not taken

The plaintiff also claimed she and other employees were not compensated for working during their designated meal breaks.

CommuniCare’s meal period deduction policy allegedly requires employees to clock out for a 30-minute meal break per work shift. When the plaintiff rarely took breaks, she claimed they lasted about 10 to 15 minutes.

The lawsuit also claims CommuniCare did not ensure the plaintiff and other hired nurses, aids and nursing assistants were relieved of their duties during uncompensated meal periods.

Unlawful Repayment Provision

Under the plaintiff’s contract with CommuniCare, she would’ve needed to work at least 36 months for the company in order to pay off the $16,000 CommuniCare allegedly spent to cover the plaintiff’s immigration fees, according to the lawsuit. If she failed to repay, CommuniCare would have the right to bring forward legal action.

The lawsuit claims CommuniCare has threatened to and brought forth baseless lawsuits against foreign-sponsored registered nurses to convince all foreign-sponsored nurses to continue working at the company, for fear of legal trouble.

It is not clear if any employee at Valley View is dealing with the same issues.

However, a recent NBC News article details the same circumstances for an employee at a Pittsburgh facility owned by CommuniCare.

When that employee quit, she received a letter from CommuniCare demanding she pay $15,555.

Even after she sent the company a cashier’s check for the full amount, CommuniCare sued her for $100,000 or more for damages to a breach of contract, fraudulent conduct and unjust enrichment, according to reports.

We reached out to a representative for CommuniCare Family of Companies, who cannot comment on the lawsuit.

Read the full lawsuit below: