FMLA Lawsuit Filed Against United Airlines

The Complaint

Tucciarone v. United Airlines

TUCCIARONE V. UNITED AIRLINES, INC. (1:19-CV-06045)

Lawsuit filed against United airlines for “unlawful employment practices against Plaintiff including Defendant’s unlawful discrimination and harassment of Plaintiff because of his disability, retaliation against Plaintiff for engaging in protected activity, Defendant’s interference with Plaintiff’s lawful exercise of his rights under the FMLA, retaliation against Plaintiff for exercising his rights under the FMLA and ADA, and intentional infliction of emotional distress, leading to his unlawful termination.”

FMLA Lawsuit Filed Against Wali Enterprises, LLC

The Complaint

Bell v. Wali Enterprises, LLC

BELL V. WALI ENTERPRISES, LLC (1:17-CV-01455)

According to the complaint lawsuit filed for “unlawful interference with Plaintiff’s rights in violation of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. (“FMLA”) and its discrimination against Plaintiff on the basis of his disability in violation of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq. (“ADA”).”

FMLA Lawsuit Filed Against Verizon Wireless

The Complaint

Minogue v. Cello Partnership

MINOGUE V. CELLO PARTNERSHIP (1:20-CV-04174)

According to the complaint the lawsuit has been filed “against Defendant for intentional and offensive disability discrimination, hostile work environment, and retaliation in violation of the Americans with Disabilities Act of 1990, 42 U.S. Code § 12101, et. seq. (the “ADA”), and for knowing and intentional violations of the Family Medical Leave Act, 29 U.S.C. § 2601 et seq., (“FMLA”).”

FMLA Lawsuit Filed Against Chipolte Mexican Grill

The Complaint

Caporicci v. Chipotle Mexican Grill, Inc.

CAPORICCI V. CHIPOTLE MEXICAN GRILL, INC. (8:14-CV-02131)

According to the complaint the lawsuit has been filed “to redress Defendant’s unlawful employment practices against Plaintiff, including Defendant’s unlawful discrimination and harassment against Plaintiff because of her disability and Defendant’s retaliation against Plaintiff for requesting leave under the FMLA, both leading to her unlawful termination.”

FMLA Lawsuit Filed Against S.B. Collins, Inc.

The Complaint

Kemp v. S.B. Collins, Inc.

Kemp v. S.B. Collins, Inc. (D. Vt., 2:21-cv-00103)

Employee took time off time take care of his wife and according to the complaint “who suffered a seizure in which she fell on a hardwood floor and hit her head”. He “left to immediately get her and take her to” emergency department. He returned to work and next day he was fired. According the complaint the employer is being sued for FMLA retaliation.

FMLA Lawsuit Filed Against Ford Motor Company

The Complaint

Fletcher v. Ford Motor Company

Fletcher v. Ford Motor Company (E.D. Mich., 2:21-cv-10739)

FMLA lawsuit filed against Ford Motor Company. Employee sues Ford for FMLA and ADA violations. The employee had worked for Ford for 5 years before she was fired. The employee met all of the FMLA requirements:

  • Was an employee within the meaning of the FMLA act
  • Employee was employed for more than 12 months
  • Worked 1250 hours during the past 12 months
  • Employer had 50 employees within the meaning of the FMLA act

According the complaint “Plaintiff utilized intermittent FMLA leave in May of 2019. She was written up for using said leave” She went on an FMLA leave starting on June 3, 2019 and return work date was scheduled for October 1, 2019.”

“Upon returning to work on October 1, 2019, Plaintiff was told to report to the Labor Relations Department, wherein she was told that there was no work available for her.  Plaintiff was placed on an unpaid leave for thirty days. On November 8, 2019, Plaintiff was terminated” “The Employer refused to return Plaintiff to her position or engage in a process to identify other positions which might be available for Plaintiff.”

FMLA Lawsuit Filed Against University of Wisconsin

The Complaint

Tamayo, Jadalyn v. Board of Regents of the University of Wisconsin System

Tamayo, Jadalyn v. Board of Regents of the University of Wisconsin System (W.D. Wis., 3:21-cv-00217)

FMLA lawsuit filed against University of Wisconsin.

According to the complaint this is not a pure FMLA lawsuit in itself.  There are a couple of additional items added to the complaint including discrimination, failure to provide accommodation and FMLA.

FMLA Lawsuit Filed Against Eaton Hydraulics

The Complaint

Bass v. Eaton Hydraulics LLC

Bass v. Eaton Hydraulics LLC (W.D. Okla., 5:21-cv-00278)

FMLA lawsuit filed against Eaton Hydraulics

There are 3 part to the background facts:

  • COVID
  • Emergency Department
  • Dental

According to the lawsuit “On or about March 2017 Defendant hired Plaintiff for the full-time position of Assembly Technician” Employee had to go to the emergency room on December 3rd and he was off of work December 3 to 6 and he returned to work December 7th. According the complaint “leave from December 3 through 6 was qualified as leave under the FMLA” and his “employer did not notify Plaintiff of administration of his leave under the FMLA”

According to the compliant he had “experienced a dental emergency and underwent extraction of two teeth prior to the start of his shift” and he had off until December 14th. His “leave from December 8 through 13 was qualified as leave under the FMLA” and his employer “did not notify Plaintiff of administration of his leave under the FMLA”

According to the complaint “terminated Plaintiff’s employment under an attendance policy for failing to request leave prior to the beginning of his shift on December 3”

Lawsuit filed for “Interference, Restraint or Denial of FMLA rights and Retaliation for Requesting and taking FMLA leave”

FMLA Lawsuit Filed Against Northeast Georgia Medical Center

The Complaint

Taylor v. Northeast Georgia Medical Center, Inc.

Taylor v. Northeast Georgia Medical Center, Inc. (N.D. Ga., 2:21-cv-00068)

Northeast Georgia Medical Center sued by former nurse for FMLA violation. According to the complaint she was “high performing registered nurse employed with Northeast Georgia Medical Center”. It looks like Northeast Georgia Medical Center has a third-party administrator and according to the complaint “she persistently sought help and guidance from Defendant’s Human Resources department (“HR”), the third-party administrator Unum (“Unum”)”

“Rather than provide Plaintiff Taylor with the required employer notice, Defendant Northeast Georgia Medical Center denied Plaintiff Taylor’s leave and terminated her employment in order to prevent giving her likely leave in the future.” “Northeast Georgia Medical Center also failed to offer COBRA continuation of its health, dental, and vision plan, failed to provide election notice, and failed to provide early termination notice”

Northeast Georgia Medical Center is being sued for:

  • Interference with FMLA rights
  • FMLA retaliation
  • COBRA