Resolved a case where the plaintiff was a van driver for a manufacturing company who required intermittent FMLA leave. Plaintiff claimed management gave him a hard time each time he needed to exercise his leave rights and eventually terminated him. The company alleged that plaintiff was at fault in a rear-end vehicle crash causing the “disability” at issue, and that plaintiff later made a “threatening” Facebook post about the company, thereby justifying the termination.
Settled a lawsuit involving an employee who had a disability which required major surgery. The company granted FMLA leave to the employee in connection with the surgery. However, when the employee’s recovery took longer than expected, and she requested an extension of her leave beyond what was required by FMLA as an accommodation of her disability, the company refused and subsequently terminated her.
Settled a case wherein an employee who was injured on the job needed to take FMLA leave for medical treatment. The employee’s physician cleared the employee to return to work with “minor” and “temporary” work restrictions. The company refused to reinstate the employee until he was “100%.” The company allegedly did not take adequate steps to determine if the employee could be accommodated with his work restrictions.
Resolved a case involving an employee of a large company who suffered from debilitating migraine headaches that occurred when the individual first woke up in the morning. The employee was granted intermittent FMLA leave. While the company initially accommodated the employee, written evidence demonstrated that the company was tired of “dealing with the constant uncertainty” of an employee who might not be able to come to work on any given day. The employee was eventually terminated for alleged performance related issues.