FMLA Lawsuit Filed Against Tri City Foods of Illinois (Burger King Restaurants)

The Complaint

Avila v. Tri City Foods of Illinois LLC

Avila v. Tri City Foods of Illinois LLC (N.D. Ill., 1:21-cv-01741)

According to the complaint Yoselina Avila is suing Tri City Food of Illinois for FMLA violations. Tri City Foods of Illinois LLC owns and operates Burger King restaurants throughout Illinois. Her employers never advised her on her right to take leave. Under her employer’s direction she wrote her resignation letter and then offered the position to someone else.

FMLA Violations:

  • Interference
  • Retaliation

FMLA Lawsuit Filed Against Heartland Business Systems

The Complaint

Lindsley v. Heartland Business Systems LLC

Lindsley v. Heartland Business Systems LLC (E.D. Wis., 2:21-cv-00403)

Heartland Business Systems LLC is being sued by a senior systems engineer Michael Lindsley for interference with FMLA. He started working for them in July 2016 and “reported directly to Paul Gilreath, Manager, who reported directly to Peter Helander, Owner.”

“On or about December 21, 2020, Plaintiff informed Gilreath that he had to undergo back surgery in the near future”

In approximately December 2020 and January 2021, Defendant consistently questioned Plaintiff regarding:

  • Anticipated Timing
  • Use
  • Duration of His FMLA
  • Work Coverage

Plaintiff’s back surgery on or about February 5, 2021 and “and subsequent recovery rendered him unable to work”

“On or about February 3, 2021, Defendant terminated Plaintiff’s employment”

The company “intentionally interfered with Plaintiff’s rights by terminating Plaintiff’s employment for using, and/or in order to prevent him from using, protected leave, in violation of the Family and Medical Leave Act”