Schuylkill County, Former Clerk of Courts Sued for Wrongful Termination

A longtime employee of Schuylkill County government is suing the government and former Clerk of Courts and County Commissioner candidate Maria Casey in a new wrongful termination lawsuit.

According to court papers filed on March 18, Angela Malusky says she was let go by Casey and the County government because she would, among several accusations, not perform personal errands for the former row officer and was subjected to an abusive and retaliatory work environment. 

Malusky’s lawsuit was filed in US District Court for the Middle District of Pennsylvania. 

The former County employee says she worked in the Clerk of Courts office from August 2007 until July 2022. Malusky says her time with the County came to an end when she was handed a termination notice but was also given the opportunity to resign rather than be fired.

Casey served as Clerk of Courts from January 2016 until January of this year. Last year, Casey waged a bid for County Commissioner, finishing fourth amid of field of eight Republican candidates in the party’s primary.

Details of Wrongful Termination Lawsuit Against Former Schuylkill County Clerk of Courts

Malusky worked in the Clerk of Courts office as a Clerk III. Her direct supervisor was Crista DiCasimirro, who was directly supervised by Casey. DiCasimirro is now serving as Clerk of Courts after winning the 2023 election for the office. 

In her lawsuit, Malusky claims to have suffered from COVID during her time at the Clerk of Courts office and also from anxiety, depression, and high blood pressure. She says these impairments “substantially limit one or more major life activities.” The former employee also says these impairments would be considered a disability, per the definition of the Americans with Disabilities Act.

During her time at the Clerk of Courts office under Casey’s two terms in office, Malusky says she was told to: 

• Pick up Casey’s medical supplies
• Drive Casey “around town to deliver meals to constituents of her party”
• Pack gift baskets for Casey’s political supporters
• Take Casey home from work

“Plaintiff avers that Casey would interrupt her from performing her Clerk III duties by demanding Plaintiff perform additional duty immediately, such as taking Casey home for the day on or about March 10, 2022,” the lawsuit reads.

Malusky said she protested this particular request because she hadn’t completed her duties as Clerk III and says Casey told her not to worry about the unfinished work. When she came back to work the next day, she says DiCasimirro confronted her about this “unexcused absence” and suspended her for 3 days.

Malusky says in the the lawsuit that having to perform these duties “caused symptoms associated with her disability to intensify.” And because of this intensification of her symptoms, Malusky says she was forced to take medical leaves from her job. 

During a medical appointment in 2021, the plaintiff says, her blood pressure was so high that her doctor ordered an ambulance to rush her to an emergency room. Malusky says when she told the County and the Clerk of Courts office what had happened, she “suffered discriminatory comments from co-workers about her absence.”

In 2022, Malusky says she told Casey about her anxiety and depression diagnosis and told her she couldn’t perform the additional duties the boss asked her to do. She says Casey ignored her request.

Then, on July 16, 2022, Malusky says she came down with COVID. She says she coordinated a 5-day leave from work to quarantine due to that diagnosis, which she says was the County’s protocol. 

However, on July 22, when she returned home from work, Malusky says Casey handed her a termination notice and said she could resign instead of being fired. In fact, she says Casey “exerted considerable pressure” on her to give a resignation letter, which she eventually submitted. 

Malusky says in her resignation letter that she cited her health as teh reason for leaving her job. She says the County failed to engage in an “interactive process” to see if her disability could be accomodated to allow her to keep her job. 

She also accuses the County of denying her a Loudermill hearing prior to being let go by the County. 

Casey Responds to Lawsuit Accusations

The Canary contacted Casey to get her reaction to the lawsuit. 

She said the accusations in the lawsuit are false and called the suit against her and the County “frivolous.”

“This lawsuit is frivolous,” Casey says. “The plaintiff has numerous disciplinary actions and violations that have been documented in writing that date back to 2016.”

She adds, “We look forward to having this addressed by the court. It’s unfortunate we have to take up the court’s time with this but we will address it quickly.”

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