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Woman alleges FMLA violations after returning from surgery

According to federal law, the Family Medical Leave Act allows time away for Texas workers in the event of a medical emergency for companies who employ more than 50 people. Since 1993, the FMLA has helped workers during their time of need for instances covered by the law. Using this benefit should not result in retaliation from employers, but unfortunately, it still can occur.

A woman from another state was a full-time deputy clerk who was with the office for over 13 years. She alleges that she had a satisfactory or better performance record. The plaintiff was diagnosed with cancer and alerted her employer that she would require surgery.

After the plaintiff's surgery, she was away from work for roughly a month. She claims that when she came back to her job, the work environment had changed. The plaintiff avers that she began to receive disparate treatment from other workers and was finally told that her employment with the office had ended because the situation was not working out. The woman maintains that she was never told that she had not performing her job inadequately until after she had returned from her kidney surgery.

The plaintiff believes that she was terminated because she used her FMLA benefit. She accusing her employer in a federal court of violating the FMLA, the West Virginia Human Rights Act, West Virginia common law and West Virginia Public Policy. Texas workers who believe that their FMLA rights have been violated may be able to recover lost wages, monetary damages and any other related financial loses.

Source:, "Former employee accuses Cabell Co. Commission of discrimination, FMLA violations", Kyla Asbury, Aug. 11, 2015

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