A Pinellas County man alleges he was wrongfully terminated by a timeshare sales company in Orange County while out on medical leave.
The man filed a complaint on April 26 in the 9th Judicial Circuit Court of Florida – Orange County against Hilton Grand Vacations Club LLC alleging Family and Medical Leave Act interference and retaliation.
According to the complaint, the man began working for the company in October 2016 and submitted paperwork for FMLA leave in November 2017 to care for a medical condition. He alleges he was terminated in January with an effective date of Dec. 21, 2017, for absenteeism.
He holds Hilton Grand Vacations Club LLC responsible because the company interfered with his rights under the FMLA.
Under the FMLA, it is unlawful for an employer to terminate an employee in retaliation for taking FMLA leave or attempting to exercise his or her FMLA rights.Employers are also prohibited from interfering with, restraining, or denying an employee’s exercise of his or her FMLA rights.
To establish a claim for FMLA interference, an employee must prove the following:
- They are an eligible employee
- The employer is a covered employer
- They are entitled to take FMLA leave
- Notice of the employee’s intention to take the FMLA leave was given to the employer
- The employee was denied a benefit they are entitled under the FMLA
In order to establish a claim for FMLA retaliation, an employee must prove the following:
- They engaged in a protected activity
- Adverse job action was taken against them
- There is a causal connection between the activity and the adverse job action
If you think your employer has violated the FMLA regulations, you are not alone. The truth is that many employers do not abide by the FMLA regulations. If you have been fired, demoted or treated unfairly due to an FMLA request, a Florida FMLA Lawyer at Whittel & Melton is here to help you understand what to do next. Contact us online or call 866-608-5529 today to request a free consultation.