LEAVES OF ABSENCE

Settled a case where the Plaintiff was an order picker in a warehouse. She was terminated after failing to return to work following a leave of absence that had been classified as personal on her leave paperwork. Plaintiff claimed that during her employment she and other Hispanic employees had been denied certain benefits and other opportunities than had been given to all non-Hispanic employees. She also claimed she was required to work seven days per week. She claimed she suffered injuries at work and Defendant failed to accommodate her with available light duty assignments. Plaintiff further claimed that the employer knew she asked for a leave to take care of her ailing mother and therefore the leave was protected under the FMLA, and she was entitled to a longer leave before she was terminated. Defendant denied all the claims of differential treatment, and failure to accommodate and said it simply classified the leave as personal based on what Plaintiff herself had stated to the Company why she needed time off – needing to find childcare. Plaintiff argued the Company had an affirmative obligation to notify her she was entitled to an FMLA leave.

Settled a case where an employee was terminated while out on medical leave for a hip injury. The employee had been continually updating the employer on his injury and recovery status. Due to a mix-up with the Defendant’s recordkeeping department, the Company had him listed on a personal leave and terminated him, thinking he had over-stayed his “personal” leave. When the mistake was discovered, the Company had no available jobs.