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Woman alleges employment law violation after termination

The Family and Medical Leave Act was adopted as a law in order to assure workers that they would have the right to return to duty after the birth of a baby, adoption or tending to a serious medical issue for oneself or an immediate family member. However, there are situations that arise when an employer is believed to have violated this employment law. Anytime an Illinois resident believes that his or her rights have been violated, he or she is entitled to seek a remedy.

Recently, one woman in another state filed a wrongful termination civil suit against her employer of 14 years. She claimed that she went out of work on the Family and Medical Leave Act after requiring major abdominal surgery. She was then cleared by her physician to return to work at her full-time position, where she was a housekeeper, provided she was assigned to restricted light duty. She was also permitted to return to her part-time work as a cashier on restricted duty.

According to the lawsuit, the woman claimed that her employer of 14 years refused the light duty restrictions so she remained on medical leave. However, her second employer did permit her to return to her duties under the recommended restrictions. The woman claims that her primary employer terminated her position after discovering she had returned to her part-time cashier position with the other employer.

The lawsuit contends that the hospital violated the Family and Medical Leave Act by firing her while she was still officially on medical leave. The civil suit was filed in late July and has yet to be heard. Just as this woman exercised her rights to challenge a possibly wrongful termination, Illinois residents are also entitled to defend their rights to a fair and just workplace. Anytime an employee believes that a company has attempted to violate a current employment law, he or she may wish to seek information from an attorney concerning the possibility of pursuing similar litigation.

Source:, "Woman accuses St. Mary's of wrongful termination", Kyla Asbury, Aug. 25, 2017

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