FMLA, ADA Case Dismissed
A food service employee of our client, Symon Says Enterprises, Inc., a McDonalds franchisee, was terminated after she refused to confirm that she had taken prescribed medication and was cleared to return to work after exposure to whooping cough. Our client was informed by the local health department that whooping cough was potentially fatal to unborn fetuses, and two of the employee’s co-workers at the time were pregnant.
The employee sued in Florida federal court alleging violations of the Family and Medical Leave Act, the Americans with Disabilities Act, and claims for retaliation and intentional infliction of emotional distress. The court granted our motion to dismiss the case. It found that the employee failed to adequately plead her claims, because she failed to articulate whether she was seeking redress for interference or retaliation. She also had not alleged that she was entitled to any benefit under the FMLA as an eligible employee, that she requested FMLA benefits, or that any such benefits were denied her.
Duckworth v. Symon Says Enterprises., Inc., 21 WH Cases2d 1625 (M.D. Fla. 2014).