Florida State Attorney Sued for Firing That Occurred During Maternity Leave in Violation of FMLA
A recent lawsuit accuses Orange-Osceola State Attorney Andrew Bain of violating the Family and Medical Leave Act when he fired the office’s chief of staff while she was on maternity leave. According to the lawsuit, Keisha Mulfort began working as the State Attorney’s chief of staff and director of Public Affairs in January 2021 under the former State Attorney. Florida Governor Ron DeSantis suspended Worrell on Aug. 9, 2023. Bain was installed later. Worrell was accused of habitually avoiding issuing mandatory minimum sentences, allowing juvenile offenders to avoid incarceration, and avoiding valid or applicable sentencing enhancements, among other claims made by the governor.
According to the lawsuit filed by Mulfort, her FMLA maternity leave began May 30, 2023 (the day she gave birth). It was expected to last until Aug. 24, 2023. The lawsuit contends that Bain was not only aware of Mulfort’s pregnancy, but he had attended her baby shower and had discussions with Mulfort concerning her upcoming maternity leave while he was still serving as an Orange County judge.
On the day of Worrell’s suspension, Mulfort received a call from the personal cellphone of the office’s Human Resources director. The newly appointed Chief Assistant was reportedly on the other end asking Mulfort to provide access to the office’s Facebook page. During that call, Mulfort questioned the Human Resources director over whether he was asking her to do official work-related duties while she was on FMLA, the lawsuit states. Multfort said the social media passwords had been changed during her leave.
One day after Worrell’s suspension, Aug. 10, 2023, Mulfort said she was at home nursing her infant daughter when armed deputies showed up at her door to retrieve social media passwords, repossess all state property, and leave her with a letter stating that she had been terminated.
The lawsuit makes claims under both the FMLA and the Florida Civil Rights Act. Mulfort claims that she was discriminated against based on her sex and handicap. She demands a trial by jury to enter a judgment on whether Bain violated the FMLA and FCRA by firing Mulfort, but also on whether he acted in retaliation when she questioned him on performing work-related duties while on maternity leave.
Mulfort is seeking an injunction to restrain the continued alleged FMLA violation by Bain. She is seeking reinstatement to a position that is comparable with her previous job with back pay and interest, damages for lost wages, benefits, and other remuneration with prejudgment interest and attorney’s fees. Bain has 60 days to answer the complaint.
Talk to a Tampa, FL FMLA Lawyer Today
The Tampa FMLA attorneys at Florin Gray represent the interests of employees who have been terminated or demoted based on violations of the federal Family and Medical Leave Act. If so, you may be entitled to damages. Our attorneys can help you recover those damages. Call our office today to schedule an appointment, and we can begin investigating your case right away.
