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Employee rights complaint -- worker fired for having surgery

In Texas, employees who have not signed employment contracts with the companies where they work may not realize that their bosses can fire them at will. This means that an employer does not have to have a valid reason; a worker's employment can be terminated at any time. Nevertheless, if an employer does not comply with a specific laws concerning employee rights -- such as the Family and Medical Leave Act (FMLA) -- legal action may be appropriate.

Such action was taken by an ex employee of a trailer manufacturer in another state. The man filed a lawsuit against his former employers, alleging an FMLA violation. According to the complaint, the plaintiff worked in the parts department of the company from May 2000 through July 2014.

The plaintiff contended that he developed a hernia-related medical problem and informed his employer in July 2014 that he needed surgery and would be away from work for three weeks. The plaintiff alleges his employer failed to classify his absence properly in accordance with the FMLA. When he contacted his supervisor in mid-August to confirm his imminent return, she apparently informed him that his position had been terminated.

This man seeks recovery of damages, including lost wages and benefits plus interest, punitive damages and legal fees and court costs. FMLA allows qualifying employees an unpaid leave of up to 12 weeks every year to care for members of their families or themselves during illness. Unfortunately, some employers retaliate when employees exercise their rights to FMLA leave. Any Texas worker whose employee rights are violated may retain the services of an experienced employment law attorney to help him or her pursue justice.

Source: pennrecord.com, "Man claims he was wrongful terminated after surgery", Annie Hunt, April 5, 2016

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