Female Employee Allegedly Terminated Because She Put Her Child On The School Bus
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against Leeds for Retaliation
Heather became a permanent employee for Leeds in 2005, working as an order processing specialist. In April 2016, when her mother required a rotator cuff surgery, Heather requested FMLA leave to care for her mother. Heather shared that her manager approved the request but asked that she spend 4 hours in the evening processing large customer accounts.
At the end of May, Heather returned to her full-time capacity at Leeds. But then, due to severe migraines, Heather’s doctor ordered her to refrain from working more than 10 hours per day. In response, Heather’s manager allegedly told her that she would have to make up the FMLA time on the weekends.
When her mother required another surgery, Heather again requested FMLA leave to care for her mother. She received approval for partial FMLA leave. By day, Heather cared for her mother and her children, who were usually watched by Heather’s mother while Heather worked. From 6 pm to midnight, Heather clocked work hours for Leeds.
Nine days after Heather returned to work, Leeds suspended her with pay for alleged FMLA abuse. When the Human Resources representative contacted Heather, she allegedly informed Heather that she’d been watched while she was on leave. Heather asserts that the HR representative said that Heather was seen putting her child on the bus and so had violated her FMLA leave. Leeds terminated Heather.
The goal of FMLA is to allow employees to be able to care for immediate family members with health issues. Heather exercised those rights when she cared for her mother during her recovery from surgery. Leeds seemed to retaliate against Heather for exercising her rights to FMLA. KM&A advocates on the behalf of employees like Heather who have suffered retaliation and termination for using approved FMLA leave.
Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:17-cv-00992-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.