A 35-Year Boeing Employee Seeks Justice for Alleged Discrimination and Retaliation Under FMLA, ADA, and ADEA
As seen in the Pennsylvania Record Attorney Christopher J. DelGaizo is representing a long-time employee of The Boeing Company, John Fisher in a wrongful termination lawsuit. John Fisher who worked as a former Sheet Metal Assembler for nearly 35 years, was diagnosed with Chronic Eczema and Acute Folliculitis in fall 2022. Fisher applied for leave under the Family and Medical Leave Act (FMLA) which was approved, but he then experienced significant changes at work.
Fisher was suspended after being accused of “theft-of-time” regarding agreements with his supervisors about using sick and vacation time to cover lateness due to health issues. During this time Boeing offered early retirement packages to employees who had been with the company for more than 20 years; Fisher was a loyal employee for nearly 35 years. After experiencing many injustices, he was finally terminated making him ineligible for the early retirement package.
Fisher, enlisted representation of Christopher J. DelGaizo, Esq. to file lawsuits against Boeing on the basis of “age discrimination under the Age Discrimination in Employment Act (ADEA), disability discrimination under the Americans with Disabilities Act (ADA), retaliation under both acts as well as the FMLA, and violations of New Jersey’s Law Against Discrimination (NJLAD) and Family Leave Act (NJFLA).”
What Is the FMLA?
The Family and Medical Leave Act (FMLA) is a federal employment law implemented to provide job protection when an employee needs to take time off from work for a personal illness or injury or to care for a spouse, child, or parent. To take FMLA leave you must provide your supervisor with 30-days advance notice when possible. Your employer must make you aware of the FMLA policy and benefit information.
To Be Eligible An Employee Must:
- Work for a covered employer with 50 or more employees within 75 miles of their location.
- Be employed within the company for a minimum of 12 months.
- Have worked at least 156 days or 1,250 hours before the date of intended leave.
Your Employer Must Provide:
- Up to 12 weeks (about 3 months) in a 12-month period of unpaid leave or 26 weeks (about 6 months) for those caring for a parent, spouse, or child that is a member of the armed services or when a family member of the armed services is deployed.
- Job security in which the employee cannot be terminated while on leave.
- Group health insurance coverage under the same terms and conditions while on leave.
- The same pay when the employee returns from leave.
- The employer can change the employee’s job to a comparable job with the same salary but cannot demote an employee while on leave.
- The employer is not allowed to move the employee to a position they are not trained or qualified for.
The FMLA Is Useful In The Following Events
Birth Of A Child: 12 workweeks of leave in a 12-month period for the birth of a child and to care for the newborn child within 1-year of birth.
Care For Others: To care for the employee’s spouse, child, or parent who has a serious health condition and needs to be cared for or taken to appointments.
Child Care Agency: The placement with the child’s employee for adoption or foster care and to care for the newly placed child within 1 year of placement.
Health Conditions: A serious health condition that makes the employee unable to perform the essential functions of his or her job.
When Should You Contact an Attorney for FMLA Violations?
The FMLA act is designed to protect employees and provide them with time off in the event of a medical or related condition regarding themselves, a parent, spouse, or child. An employer must notify you about the FMLA policy and honor your requests and provisions, unless they cause undue hardship, incurring a significant financial risk.
In the event that your employer fails to respond or comply with your request for Family and Medical Leave, you need to consult an attorney.
Our attorneys are well versed in all employment and disability or discrimination cases. We have represented hundreds of employees and won, providing restitution and financial compensation to people like yourself, that have been treated unfairly or denied accommodation. Your dedicated employment lawyer will go over the details of your case, and help you file your lawsuit against your company with the EEOC, and in the proper courts.
We understand the emotional and physical setbacks that you may have encountered and will alleviate the stress of navigating this difficult situation.
The experienced attorneys of the Derek Smith Law Group will seek to negotiate with your employer to attempt to reach a fair settlement as quickly as possible.
Protect Your Workplace Rights – Contact Derek Smith Law Group for a Free Consultation
At Derek Smith Law Group, we are the leading law firm for high-profile discrimination and harassment cases, offering compassionate support and fierce legal representation. With over $400 million in client settlements and verdicts, including the largest emotional distress award ever upheld in the U.S. for an employment law case, we are ready to fight for you. Consultations are free, and we do not charge unless we win your case. Contact us today at 800-807-2209 for a free consultation.
