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Woman alleges retaliation for upholding FMLA rights

While the following story did not occur here in Fort Lauderdale, the information is useful to anyone, may they live here in Florida or in any other corner of the country. The case we are referencing occurred in West Virginia, where a woman who worked for a physician's office was terminated after she tried to use time off granted to her by the Family Medical Leave Act.

Her mother was diagnosed with cancer in September, and she notified her employer that she was taking time off to care for her. About two weeks after she told her employer about the time off she was taking, the physician's office terminated her and posted an open position for her job within an hour of that termination.

The woman filed a wrongful termination lawsuit against the physician's office, stating that the termination was wrongful and against her rights granted under the Family Medical Leave Act. She has requested a trial by jury and is seeking compensatory and other damages. Other details were not released in regards to the lawsuit.

While there isn't much else to go in this case, what this story reminds us is that the Family Medical Leave Act grants a lot of rights to employees and that employers can't violate those rights. When they do, they run the risk of being held accountable in a court of law. Retaliatory acts and terminating an employee because they use and uphold their rights is illegal, and the employer who acts in such a way should be held accountable. 

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