ADR Services, Inc.

19000 MacArthur Boulevard

Suite 550

Irvine, California 92612

FMLA; CRFA

Copyright © 2017 Robert D. Coviello, Esq. All Rights Reserved
Developed by ADR Services, Inc.

  • Disability discrimination/FMLA. Plaintiff requested and was granted three (3) consecutive leaves of absence for a medical condition. Plaintiff failed to return to work upon expiration of leave. After termination notice, Plaintiff presents a Doctor’s note extending the prior leave. Was Plaintiff entitled to reinstatement? Is the extension of leave a reasonable accommodation?

  • A long term employee in an international aerospace company was out on an extended medical leave. Upon her return, she alleged her job duties were changed and her old position was no longer available. Several weeks later Plaintiff was laid off as part of a large R.I.F. Plaintiff contends she was let go as a result of taking an extended medical leave.

  • Plaintiff was a maintenance worker/driver for an assisted living facility. He sustained a serious on the job injury. After 9 months, he returned to work. Restrictions existed but he could drive. Plaintiff had a D.U.I. and therefore lost his driver license. Company terminated Plaintiff. Plaintiff alleged medical condition discrimination and retaliation.

  • Medical leave. Plaintiff was out on an extended medical leave but continually failed to submit any documentation to support her medical condition. Plaintiff was terminated. Several weeks later, additional medical documentation was provided.

  • 10 year employee terminated while out on extended medical leave. Plaintiff provided company with a series of medical doctor notes placing her out on medical leave in excess of 10 months. Ultimately let go when a definitive back to work date could not be established. Issue – is the continued extension of FMLA a reasonable accommodation?

  • A customer service representative with a large insurance company was the only person let go in a purported R.I.F. The employee alleged the true reason for her termination was due to the three (3) consecutive medical leaves she took prior to the termination.

  • 10 year employee with a large national company providing catering service for sporting and music events. 30 month L.O. A. due to car accident. Several months later, Plaintiff was terminated for failing to return lost property.

  • Pregnancy discrimination; FMLA; Failure to accommodate. Was Plaintiff “disabled by pregnancy” per California Code of Regulations, Section 11035.

  • Misclassification. Complaint by a former kitchen manager at a national chain restaurant that he was misclassified as salaried/exempt. Plaintiff alleged that more than 50% of his time was engaged in non-exempt duties.