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Federal Judge Rules Alabama Burger King Franchisee Illegally Blocked Worker from Taking FMLA Leave

A federal judge ruled a Burger King franchisee in Alabama illegally prevented a former employee from taking leave under the Family and Medical Leave Act (FMLA).

The employee in question, LaShondra Moore, worked at the restaurant in Mobile, Alabama. In February 2017, she received a call from her mom’s doctor, telling her that her mother had a serious infection that would require surgery and hospitalization. Her mother was then abruptly hospitalized that weekend, with surgery set for Monday. Moore informed her store manager that it was a serious health situation and that she needed to take time off to be with her mother, with her manager agreeing that she should take time off.

However, the manager later requested Moore to show up to work several times throughout the week, even writing her up for a disciplinary notice for her lateness when she did come in. When Moore did not come to a Wednesday shift, her manager gave her a final written warning.

Moore did not learn of her FMLA rights until February 8, and informed her manager and the district manager that she would be filing for FMLA leave. She provided management with a doctor’s note and asked frequently about what she needed to do to obtain FMLA leave, but never got the information she needed. Moore was ultimately fired from her position.

FMLA rights must be protected

All people have a right to FMLA leave when they or a loved one become sick or need care. Failure on the part of an employer to abide by these rights can result in some significant legal consequences, and an employee who has had their rights stepped on can sue for compensation.

If you have been given a difficult time by an employer when attempting to take FMLA leave, speak with a skilled whistleblower lawyer at Kardell Law Group right away.

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