Brooklyn therapist sues employer for fraudulent insurance submissions
An occupational therapist filed suit against her former employer after learning that the facility submitted insurance claims in her name for services she did not provide. Though the therapist filed suit under federal employment law and New York tort law, Brooklyn federal court dismissed a significant portion of the suit on the grounds that the therapist failed to adequately state her claims.
Charlotte Yantha worked as an occupational therapist at the Omni Childhood Center in Midwood, Brooklyn. In normal course of business, Omni would seek reimbursement from various health insurance providers for Yantha’s services. In April 2012, Yantha was alerted to an audit scheduled on the reimbursements requested in her name. Unsure of which reimbursements were in question, Yantha conducted her own research and discovered the reimbursements were for services performed at Omni’s Williamsburg, Brooklyn location, where Yantha had never worked.
Yantha confronted Omni about the reimbursements and the audit. According to Yantha, an Omni director informed her that her job would “be in jeopardy if she did not go along with the fraud.” Court papers further state that Yantha’s salary was reduced from $140,000 to $106,000 and her vacation time was slashed.