Working at a job that has a lot of physical activity can tend to wreak havoc on the body of an employee. Over time, even the most careful worker may become injured and need to take some time off of work. Texas employees who need to be absent from work may possibly run into FMLA issues with their employer. Sometimes these conflicts may end in a wrongful discharge of an employee.
A former restorative activities assistant at a nursing facility claims that she is the victim of retaliation for just such an FMLA issue. She began working for her employer in 2000 and in late 2012, she was injured while on the job. In her complaint, she states that she was returned to work with restrictions placed upon her ability to work.
She claims that even though she alerted the employer to her restrictions, the company did not abide by them. A little over a month after her injury, she stated that suddenly fell down at work. She was relieved of her duties less than a month after her collapse for allegedly being insubordinate. The worker disputes that this was the true reason for her employment being ended.
The woman believes that the reason why she was terminated was because she knew and exerted her rights under the Family Medical Leave Act and the Texas Workers’ Compensation Act. She has decided to sue her employer for various monetary fees and damages. Texas workers who experience FMLA issues and believe that they have been the victim of retaliation or lose their job can research filing a claim against their employer. If the case falls in favor of the employee, he or she may receive lost wages, damages and possibly be reinstated.
Source: The Southeast Texas Record, “Nursing home sued for FMLA, workers’ comp violations“, Whitney Brakken, April 2, 2014
