Call An Experienced Employment Law Attorney
Fiddler & Associates, P.C.

Wrongful termination suit alleges retaliation for FMLA leave

Life is unpredictable, and family obligations can interfere with a Texas resident's work from time to time. If an extended leave is necessary in order to recover from an illness or injury -- or care for a qualified family member who is doing so -- employees are entitled to certain protections under the Family and Medical Leave Act (FMLA). An out-of-state woman recently filed a lawsuit against her former employer alleging that she was the victim of wrongful termination after taking extended time off under FMLA.

The woman worked for a financial group when she began experiencing health issues in 2015 due to an unidentified disability. She exercised her rights under FMLA and took an extended leave of absence to deal with her medical issues. She claims that when she ultimately returned to work, she became the victim of harassment by her supervisor/manager.

Sometime later, the woman was fired. She subsequently filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania against her employer and supervisor/manager. She is seeking an order to enjoin and restrain the defendants, along with actual, compensatory and liquidated damages. The woman is also requesting that the defendants pay punitive damages for their actions.

If the court determines that she was wrongfully terminated because she took leave under FMLA, it might consider awarding her some or all of the damages requested. Even though most employers comply with the act and do not engage in retaliatory behavior upon an employee's return to work, this woman is undoubtedly not the only person ever to suffer harassment and wrongful termination after taking time off under the act. Texas workers who find themselves in similar situations should seek the advice of an attorney to determine whether litigation is appropriate.

Source:, "Woman claims wrongful termination after FMLA leave", Louie Torres, Aug. 24, 2016

No Comments

Leave a comment
Comment Information
  • AV | Preeminent | Peer Rated for Highest Level of Professional Excellence | 2017
  • Houston's Top Lawyers | H | Texas
  • Expertise | Best Employment Lawyers in Houston | 2017
  • NELA | National Employment Lawyers Association
  • Board Certified | Texas Board of Legal Specialization
Email Us For A Response

Contact Our Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Visit Our Office

Fiddler & Associates, P.C.
1004 Congress
3rd Floor
Houston, TX 77002

Phone: 281-653-8377
Fax: 713-228-0078
Houston Law Office Map