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911 Call Center worker sues city alleging FMLA violation

Workers in Florida whose employers fail to accommodate them in times of ill health may find comfort in knowing that they are entitled to pursue recovery of lost income and other losses. One such a lawsuit was filed against a city in another state. An employee alleges violations of the FMLA in her employer's reaction to her request for medical leave.

According to the complaint, the employee had been an employee of the city's 911 Call Center since 2008. Her position at that time was a part-time appointment as a quality assurance manager. She contends that on June 23, 2014, she informed her employer that she was scheduled for surgery, and she requested a week to recover. Although the director seemed willing to accommodate her at first, he allegedly informed her later that day that she could only maintain her job if she would accept a different position.

She claims that she was demoted to the position of a CAD coordinator, which is a lower paying job. Her former position was changed to a full-time position, and it is alleged that another person was appointed to that job at a higher salary. She contends she filed a complaint with the Equal Employment Opportunity Commission in July 2014, and although she had never received disciplinary write-ups previously, she received three such write-ups after filing the complaint.

The lawsuit states that the new position came with a $6,000 reduction in salary. The plaintiff seeks recovery of lost wages and reinstatement or equalized remuneration. Further claims include attorney fees and any punitive damages deemed appropriate by the court. Any person in Florida whose FMLA rights are violated may retain the services of an experienced employment law attorney to pursue financial restitution on his or her behalf.

Source: chronicle.augusta.com, "Augusta employee sues city over demotion, pay cut", Sandy Hodson, May 31, 2016

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