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Woman accusing company of firing her after applying for FMLA

Many workers are blessed to be healthy and have healthy families, but others are not quite as lucky. The law provides leave for those difficult circumstances that are covered under the FMLA. Texas employers should alert their workers to their benefits under this leave and not retaliate against them for taking advantage of the benefits. A registered nurse claims she was not informed of her rights and has taken her case to court.

The plaintiff claims she worked for a nursing and rehabilitation facility in another state for almost five years. She alleges her daughter suffers from a major health issue, and the plaintiff had asked for time away from work to care for her. Each time she needed to take time off, she would alert management to her situation. She maintains that she was never told about her rights to time off under the FMLA until a nursing director finally told her.

After being informed about the benefit, she submitted her FMLA paperwork. She claims that less than two weeks later, human resources told her that she was being suspended for disrespecting her supervisor. The plaintiff avers that she was not given the details about the incident and was fired 10 days later.

The plaintiff contends that she was not disrespectful and the entire situation was fabricated because she had requested to take leave under the FMLA. If she is successful in her case, she will receive the lost wages, costs and damages that she wishes to be awarded by a civil court. It is illegal for Texas employers to retaliate when workers take advantage of their benefits under the FMLA. Those who feel that they have received disparate treatment or have lost their jobs for doing so have the legal right to file claims against their employers.

Source:, "Employee sues nursing facility, alleges FMLA violation", June 24, 2015

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