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Lawsuit filed after FMLA interference

On Behalf of | Dec 10, 2021 | FMLA |

Experiencing a serious medical condition, or caring for a family member with a medical condition, can affect Washington, D.C. metro area workers in many ways. Individuals may need accommodations that help them perform their work duties despite their medical condition.  Workers may also need to take time off under the Family and Medical Leave Act (FMLA) to attend to their health concerns or their family member’s health. However, if an employee loses his or her job while taking FMLA leave, they should consider bringing a discrimination or retaliation claim under the federal, state, or D.C. FMLA laws.

One worker in another state recently filed a lawsuit against her employer due to losing her job after taking FMLA leave. According to reports, the employee suffered from a brain aneurysm, and she took FMLA leave while receiving treatment. However, while on leave, she was notified that she was furloughed from her department. In fact, she was the only employee from her department who was furloughed.

After the initial furlough, the employee later received notice that she was terminated from the company, despite positions being open in her original department and others. As a result, she is taking legal action for the following claims:

  • FMLA retaliation
  • FMLA interference
  • Discrimination
  • Other claims relating to an incident of assault in the workplace

The protections offered by the FMLA can help workers feel secure in their jobs while also taking care of serious health matters. When employers violate the law and terminate workers, addressing the matter through legal channels is wise. If workers in the Washington, D.C. metropolitan area believe that their rights have been violated under the  FMLA laws, they should get information on their specific legal options.