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Sacramento Employment Law Blog


Man files lawsuit citing ridicule, FMLA retaliation

We have often discussed the various ways in which employers violate the rights of their employees, especially when it comes to the Family Medical Leave Act. Workers are unfairly fired for taking leave, they are illegally denied leave or they are not informed of their rights to take medical leave. When an employer is in violation of the FMLA, he or she can face serious legal consequences.

Medical leave is generally available for eligible employees who need to take time away from work after having a baby, to care for a loved one or to recover from a serious health condition. It can be paid or unpaid, but the FMLA protects a person’s job while he or she is on leave. It is also important to remember that a person cannot be discriminated against for taking a medical leave.

Recently, a man filed a lawsuit claiming he was treated unfairly after he had to take a leave to heal from a medical condition. According to reports, his supervisor used the personal and private information the man had included in his leave request to ridicule the man in front of co-workers about his health condition. Not only was he the subject of cruel comments and treatment, but the man says he was then fired two months after returning to work.

The man says that his employer unfairly retaliated against him for taking a medical leave, and also improperly accessed and exposed his private medical information. While he is not looking to get his job back, the man is requesting that his employer compensate him damages related to lost benefits and wages, back pay and interest, in addition to court costs and attorney’s fees.

Source: The Southeast Texas Record, “Lab technician sues claiming he was ridiculed for taking medical leave,” Michelle Keahey, March 5, 2013