Employee Uses FMLA and Returns to Job Demotion and Termination a Month Later.
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against Xpressbet LLC for Disability Discrimination
John accepted a position with Xpressbet in 2015. He suffered from chronic anxiety but was able to manage it on his own. In January 2017, John received a sensitive diagnosis. Due to this diagnosis, he decided that it was important for his company to be aware of the diagnosis as well as his chronic anxiety. John informed the HR department.
That same month, John was promoted to product line operator. But due to his anxiety over his diagnosis, John requested FMLA leave. At the end of January, John received approval for intermittent FMLA. The stress only increased. He requested and received continued FMLA leave in early May 2017.
John returned to work in July, and he was immediately demoted to the position of customer service representative. He asked his supervisor why he had been demoted, and he was allegedly told that his FMLA leave had “impeded business.” John noted that the man who took over his position hadn’t received the promotion originally because he was often late for work and that this man didn’t have any disabilities.
A few weeks after returning, John received a phone call from a difficult client. He explained the company’s policies, but the client only became angrier, demanding to speak with someone else. He asked his supervisor to talk to the client. John shared that his supervisor refused to take the call. When John returned to the call, the client began swearing and screaming. Anxiety gripped John. He needed his medication so he removed his headset and took a few minutes away from his desk to take his medication.
The supervisor saw John as he returned to his desk and asked him if he was “packing up his stuff.” John asked what he meant, and the supervisor allegedly replied, “You know you can’t do that.” At that moment, John assumed he was terminated.
A few days later, a letter arrived detailing his termination and COBRA insurance benefits. John thought it was odd that he was fired for taking a few minutes from his desk. In the past, he’d done the same without repercussions. His termination occurred only a month after he returned from FMLA leave to a job demotion.
John suspects that he was terminated due to his disability and use of FMLA. As a client of KM&A, he seeks his employment rights. KM&A challenges employers who fail to uphold the law and discriminate against employees with disabilities.
Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:18-cv-00789-DSC
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.