A Miami-Dade County woman formerly employed as an assistant manager claims she was wrongfully terminated for taking a medical leave.
The woman filed a complaint on Jan. 25 in the U.S. District Court for the Southern District of Florida, Miami Division against General Nutrition Corp. alleging violation of the Family and Medical Leave Act.
According to the complaint, the woman says that in 2016 she was terminated from her employment for asking for time off due to the complications from a surgery. She claims General Nutrition Corp. failed to notify her that her leave could be designated as FMLA leave.
When you are facing a serious illness, injury, or a family medical issue, you have rights as an employee to take care of yourself and your family. This is a stressful time and you should not have to worry about being fired or demoted. The Family and Medical Leave Act (FMLA) provides rights and protections to employees who must take absence from work for a qualifying illness or injury.
Keep in mind that disputes regarding an employee’s termination while on leave arise quite often. Employers will claim they acted within their rights to terminate, while the employee may claim the termination was illegal because it was only due to taking leave. This is why FMLA cases require the help of an employment attorney to gather the necessary evidence and prove the actual facts of what happened.