Class Action Filed Against Quality Enclosures Over Alleged FMLA Violations
Last Updated on July 18, 2018
Kislek v. Quality Enclosures, Inc. et al
Filed: June 22, 2018 ◆§ 8:18cv1528
A former employee claims Quality Enclosures fired her for effectively having 'too many doctor appointments' stemming from a prior surgery.
Florida
Quality Enclosures, Inc. and Quality Enclosures Tempering, Inc. are on the receiving end of a proposed class action wherein the plaintiff alleges the companies unlawfully interfered with her rights under the Family Medical Leave Act (FMLA).
The lawsuit says the plaintiff began working for the defendants in February 2013 as a full-time office manager. In early 2015, the plaintiff reportedly sustained a work-related injury serious enough to require surgery. The woman disclosed to her manager her disability and the plan for treatment, the suit says, but was not provided with a notice of her rights under the FMLA or the companies’ policies and procedures for requesting FMLA-protected work leave.
The plaintiff took FMLA-protected leave from her job from February 25 through March 18, 2015, the case continues, and had a continuing need for such leave that the defendants were supposedly aware of. In March 2016, the plaintiff was reportedly informed that she would need a second surgery and informed the defendants again of her treatment plan. Here, the suit points out the plaintiff had not yet “exhausted her entitlement” to FMLA-protected leave.
According to the lawsuit, after the plaintiff informed the defendants of the need for another surgery, the companies once again failed to provide her with notice of her FMLA rights and information on policies and procedures for requesting such. While the plaintiff did eventually go on leave, the case claims this time off was not designated by the defendants as FMLA-protected leave as required by law.
The case states the plaintiff’s employment was terminated in July 2016 because the defendants “no longer needed her services.” The complaint reiterates that the plaintiff had a continuing need for FMLA leave for follow-up medical treatment for her chronic injury.
“[The defendants] terminated [the plaintiff] for having too many doctor appointments for her serious health condition,” the suit argues.
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