The Children’s Hospital of Philadelphia (CHOP) is facing wrongful termination accusations by a former data center supervisor. The former employee is alleging allegations of retaliation and wrongful termination following being let go by the hospital.
The New Jersey resident filed a complaint on April 21, 2016 in the U.S. District Court for the Eastern District of Pennsylvania against the hospital, claiming the facility violated the Family and Medical Leave Act (FMLA). The complaint by the plaintiff alleged that on, or about, February 12, 2014, the plaintiff took FMLA approved leave following shoulder surgery.
One week after the plaintiff returned to work, the manager informed the plaintiff that he was being terminated. According to the plaintiff, he suffered emotional distress, loss of self-esteem, and financial losses as a result of the defendant’s actions and inactions in the termination. He has named CHOP liable in the case, alleging he was retaliated against and terminated by the facility for taking protected medical leave under the FMLA.
The plaintiff has requested a trial by jury to seek compensation for damages related to the wrongful termination, liquidated damages, costs and attorneys’ fees, along with any other remedies that are available under the FMLA, and any other or further relief the court may deem just.
The Family Leave and Medical Act of 1993 is a United States federal law and requires covered employers to provide their employees with unpaid leave that is job-protected for reasons that qualify as medical or family reasons. These reasons include, but are not necessarily limited to, personal or family illness, family military leave, pregnancy, adoption, or a child being placed into the family’s household through foster care placement.
This act was created to make a balance between the demands of the workplace and the needs a family may have that requires time at home. The Act allows up to 12 weeks of unpaid leave during any 12-month period of time. This leave is meant to allow time to help deal with a serious health condition of the employee, parent, spouse, or child, along with proper leave for women who are pregnant or recently gave birth in order to properly care for a newborn. The Act also allots foster parents or adoptive parents time with their new child.
To qualify for the protections of FMLA, an employee must have worked a minimum of 1,250 hours over the past 12 months, and the company must employ at least 50 employees that are located within 75 miles of the company. The act covers both public and private sector employees but excludes elected officials and their personal staff members.
Philadelphia Employment Lawyers at The Gold Law Firm P.C. Fight Against Wrongful Terminations
If you feel your employer has violated the Family and Medical Leave Act of 1993, or has wrongfully terminated you in retaliation for taking protected medical leave, you may be entitled to compensation. Our team of Philadelphia employment lawyers at The Gold Law Firm P.C. understand the laws as they apply to each unique case and can help create a legal strategy that will best suit your individual needs. Call us today at 215-569-1999 or contact us online to schedule a free consultation.
