Macy’s employee suing after being fired for absences from work

By Kyle Barnett | Aug 19, 2013

Richard A. Tonry II

GRETNA – A St. Bernard Parish woman is suing a corporate retailer for allegedly firing her for excessive absenteeism even though she claims she had to miss work due to medical reasons.

Wendy A. Jauchler filed suit against Macy’s Inc., Macy’s Retail Holdings Inc., Daniel Joiner and their insurers in the 24th Judicial District Court on June 17.

Jauchler claims she was employed for four years by the Macy’s located at 3301 Veterans Memorial Blvd. when she received a spider bite and was forced to undergo an outpatient medical procedure missing work one day and leaving early another. The plaintiff alleges that she reported the medical event to her advisor Daniel Joiner who told her the absences would be alright. Jauchler asserts that the absences were recorded as unexcused and documented on her employment record and that after she provided medical records Joiner assured her he would take care of the discrepancy. However, the plaintiff claims that she was eventually fired for reaching the maximum number of days of absences allowed when the problem still had not been solved. Jauchler alleges that Macy’s attendance policy allows for medically excused absences.

The defendant is accused of breaching their own internal attendance policy, failing to apply the plaintiff’s absences as medically excused absences, failing to properly administer its own policies, failing to correct the plaintiff’s attendance record, breach of implied employment contract, failing to administer its policies and procedures equally to all employees, wrongful termination, breach of defendants’ implied covenant of good faith and breach of established social policy.

An unspecified amount in damages is sought for back pay, front pay, reinstatement, restitution, lost income, lost earning capacity, inconvenience, aggravation and loss of enjoyment of life.

Jauchler is represented by Richard A. Tonry II of Slidell-based Tonry, Brinson & Glorioso LLC.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 728-064.

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