M. DENISE TOLLIVER, Plaintiff,
HIGHMARK BSBSD, INC., Defendant.
Submitted: March 23, 2018
Defendant's Motion to Dismiss.
in part; With a Limited Right to File an Amended Complaint.
Denise Tolliver, pro se Plaintiff.
Geoffrey G. Grivner, Esquire of Buchanan Ingersoll &
Rooney, P.C., Wilmington, Delaware; attorney for the
WILLIAM L. WITHAM. JR. RESIDENT JUDGE.
consideration of M. Denise Tolliver's Complaint,
Highmark BSBSD, Inc.'s Motion to Dismiss, and Ms.
Tolliver's Response, it appears that:
August 6, 2014, Highmark BSBSD, Inc. (hereinafter,
"Highmark") offered, in writing (hereinafter, the
"Hiring Letter"), to hire Ms. Tolliver as an
Associate Customer Service Representative. Upon acceptance of
Highmark's offer, the Hiring Letter provided that Ms.
Tolliver's at-will employment relationship with Highmark
the exact date of acceptance is unclear, the parties agree
that Ms. Tolliver accepted Highmark's offer of
August 20, 2014, Ms. Tolliver contends that she requested
permission from Highmark to attend pre-arranged medical
appointments, related to her disability, that coincided with
her forthcoming mandatory employment training.
August 25, 2014, as stipulated in the Hiring Letter, Ms.
Tolliver reported for the first day of her employment at
Highmark. During this first day, Ms. Tolliver again requested
permission to attend the pre-arranged medical appointments
related to her disability.
August 26, 2014, Highmark allegedly terminated Ms.
June 11, 2015, Ms. Tolliver filed a Charge of Discrimination
with the Delaware Department of Labor (hereinafter,
"DDOL") alleging that: (a) Highmark "failed to
provide her with a reasonable accommodation after she
requested time off due to her disability;" and (b) that
she was terminated "for requesting days off for her
June 18, 2015, Dan McGannon, an administrator for the
DDOL's Office of Anti-Discrimination, advised Ms.
Tolliver that her previously filed Charge of Discrimination
was transferred to the Equal Employment Opportunity
Commission's (hereinafter, "EEOC") office in
Philadelphia because Ms. Tolliver's charge alleged
adverse employment which occurred beyond the 120-day statute