U.S. Department of Labor Finds Florida East Coast Railway Fired Railway Worker In Violation of FMLA
FMLA protections exist to ensure that a worker is never forced to choose between their health and their job. U.S. laborers are allowed to take leave from work when they have a qualifying medical condition that prevents them from doing their job. Employers cannot fire or otherwise take adverse actions against the employee who exercises their rights under the Family and Medical Leave Act. When they do, they can be sued by either the U.S. Department of Labor’s Wage and Hour Division or by private counsel representing the plaintiff.
Recently, the U.S. Department of Labor announced that it had found that Florida East Coast Railway, LLC fired an employee in violation of the Family and Medical Leave Act. In this article, we’ll discuss the firing and how it violates federal law.
Railway engineer fired in violation of the FMLA
Investigators with the U.S. Department of Labor’s Wage and Hour Division found Florida East Coast Railway LLC terminated a yard engineer in Jacksonville after he sought protected medical leave for a qualifying health condition. According to the Department of Labor, the railway ordered a fit-for-duty medical examination without providing the employee with a required 30-day notice. The employer then used the information from the exam to reject the worker’s original employment application retroactively after nearly 8 years of employment. Investigators determined that the railways based its rejection on a company policy used in the past only to terminate employees during their first 120 days of employment.
The Wage and Hour Division determined Florida East Coast Railway’s retaliation and termination of the work violated his rights under the Family and Medical Leave Act. The division was able to recover $25,000 in back wages for the engineer.
Federal law protects an individual worker’s rights to manage their health conditions without fear of losing their job or facing their employer’s retaliation. A spokesperson for the Department of Labor’s Wage and Hour Division determined that Florida East Coast Railway LLC violated the employee’s rights under the Family and Medical Leave Act.
Filing suit under the FMLA
To file an FMLA lawsuit, you first need to contact the U.S. Department of Labor’s Wage and Hour Division by filing a complaint online, by mail, or by phone. You would allege that your employer violated your rights under the Family and Medical Leave Act (FMLA). If the Wage and Hour Division doesn’t take up your claim, you can then retain private counsel to file a claim directly against your employer.
Contact a Tampa, FL FMLA Lawyer Today
Florin Gray represents the interests of Tampa workers who have been fired, demoted, or otherwise sanctioned for taking protected medical leave under the FMLA. Call our Tampa FMLA lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
dol.gov/newsroom/releases/whd/whd20230620
