The Litigation Boutique LLC

Man experiences wrongful termination for using FMLA leave

Employees in Colorado and all across the United States are protected from unfair acts in the workplace by state and federal laws. One of the most important of these laws is the federal Family and Medical Leave Act (FMLA). FMLA provides qualified employees up to 12 weeks of unpaid, job-protected leave per year. Although full-time employees are legally entitled to medical leave, some employers may choose to retaliate and punish employees for using FMLA leave. This is allegedly what happened to an employee in another state, and he has filed a wrongful termination lawsuit.

The plaintiff worked as an HVAC technician for a business in another state. According to the lawsuit, the plaintiff had to undergo a heart procedure that would require extended medical leave. Allegedly, the plaintiff's doctor contacted his employer about health insurance to cover the procedure, and the employer approved the coverage.

However, the plaintiff says that, only a few days later, he was terminated from his position. The plaintiff claims that the employer retaliated against him and fired him in order to prevent him from qualifying for FMLA leave. The plaintiff accuses his former employer of wrongful termination and violating the Family and Medical Leave Act. The plaintiff seeks more than $150,000 in damages.

Although most full-time employees in Colorado are entitled to medical leave, some employers may retaliate against employees for taking advantage of rights such as FMLA leave. When workers are fired as a form of retaliation, legal action can be taken. A successful wrongful termination lawsuit could result in much-needed compensation and, in appropriate circumstances, reinstatement.

Source:, "The Mennonite Home alleged to have wrongfully terminated man", Louie Torres, Dec. 26, 2017

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