Director Denies Employee’s FMLA Request, Promises To Work With Her, And Then Fires Her.
FOR IMMEDIATE RELEASE
Employee Files Lawsuit Against Mechanicsburg Learning Center For FMLA Violation
Desirae started working at Mechanicsburg Learning Center in 2013 as a group supervisor. Three years later, Desirae gave birth to her son four months early. She shared with her director that her son would need to regularly see many specialists. Her director allegedly promised, “ no problem. I’ll work with you.” Knowing her right to FMLA, Desirae requested the paperwork so she could file for FMLA leave to help her care for premature son. Desirae recalled that the director denied her request but then assured her that she shouldn’t worry because her job was safe.
A few months later when Desirae son’s left eye began to cross, she struggled to find a time to get him to the doctor. Her eye doctor only offered afternoon appointments, but Desirae’s job discouraged employees making afternoon appointments. Desirae remembered how her director encouraged her to make the appointment. She landed the last available appointment for six months. When Desirae notified the director of the day and time she would need off, the director said she’d check the schedule. The next day, the director told her that she couldn’t take off. As a single mother, Desirae had no one else to take her son to the appointment. She asked what would happen if she went to the appointment anyway. The director allegedly replied, “Then I’m going to have to fire you.”
Stuck in a difficult position, Desirae prioritized her son’s health and informed the director that she would have to be fired then. Desirae explained how the director and the assistant director ganged up on her, allegedly trying to persuade her to sign a resignation paper by lying and saying that Desirae was really quitting and not being terminated. She refused to sign. Desirae explained how the director and the assistant director ganged up on her, allegedly trying to persuade her to sign a resignation paper by lying and saying that Desirae was really quitting and not being terminated.Desirae claimed that the director aggressively waved her finger in her face, threatening to fight her unemployment and promising to submit the resignation anyway. Desirae pointed out that submitting the resignation form would be fraud since she refused to sign.
The assistant director ordered Desirae out and allegedly yelled that she’d “pay the damn unemployment.” Later, Desirae discovered from other coworkers that the directors had told them that she was fired for not showing up to work. Desirae suspects that Mechanicsburg Learning Center retaliated against her for requesting the paperwork for FMLA job protected leave. KM&A challenges employers who break the law and advocate on behalf of employees like Desirae.
Full text of this complaint, as filed with the District Court for the Middle District of Pennsylvania, is available at docket no: 1:17-cv-01653-WWC
Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.