When in need, Texas employees know that they can turn to the Family Medical Leave Act to take time away from work. Making use of this benefit should never subject workers to mistreatment or losing their jobs. A woman from another state has filed a wrongful termination claim because she believes that she was unjustly fired for taking leave under FMLA.
The woman worked for Centre Lifelink Emergency Medical Services of State College in another state. In June 2013, the plaintiff was on vacation, but she was badly injured in an accident. She had dislocated her hip and suffered a severe brain injury. The plaintiff requested leave under the FMLA to recover, and it was approved from June 12- July 29.
On July 10, the plaintiff alleges that she received a communication from her employer's lawyer about company business. The plaintiff emailed back and said that she would be waiting to confer with a lawyer before she would give a response. She received a certified letter on July 23, that stated that she was fired because she had failed to respond to them.
She filed a claim against her former employer for a wrongful termination because she had used her FMLA benefits as well as disability discrimination. If the court sustains her claims, she may be awarded monetary compensation for the emotional stress she endured as well as legal costs and other related financial relief. Texas employers cannot terminate employees for taking advantage of legally granted benefits that have been approved, and those in similar situations may turn to the civil court system for assistance.
Source: pennrecord.com, "Injured employee alleges wrongful termination", Carol Ostrow, July 23, 2015