Tampa, Florida (PRWEB) January 24, 2013
The wage and hour lawyers at Morgan & Morgan are pleased to announce that they have secured a judgment for more than $700,000 in a case alleging interference with the right to take leave under the Family Medical Leave Act (FMLA).* The FMLA entitles eligible employees to take unpaid, job-protected leave for certain family and medical reasons.
The court awarded $200,000 for actual monetary losses, front pay of $353,901.85 and liquidated damages in the amount of $200,000. Approximately one month after the judgment was entered, the defendants filed a motion to strike the plaintiff’s request for attorneys’ fees and costs. The motion to strike was denied and attorneys’ fees in the amount of $233,109.75 and costs in the amount of $21,329.36 were awarded.
In Hurley vs. Kent of Naples, Inc. et. al., the plaintiff alleged that the defendants failed to comply with the FMLA. According to the complaint, plaintiff Patrick Hurley was employed as president by the defendants from approximately June 2001 until his termination on May 1, 2008. Mr. Hurley alleged that, in or about 2005, he was diagnosed with depression and related mental health symptoms. He claimed that he was prescribed various medications and sought treatment with a therapist on multiple occasions. Both the doctor who provided his diagnosis and his therapist advised that he should take medical leave to recover from his medical condition, according to the complaint.
Mr. Hurley alleged that, in early 2008, his medical condition deteriorated to such a point that he was required to take leave from work. According to the complaint, the plaintiff requested leave from the defendants’ principal and decision maker, Gil Neuman, who denied his request. Mr. Hurley responded with an e-mail to Mr. Neuman advising that the requested leave was medically necessary and related to his diagnosed medical condition, the complaint alleges. Mr. Hurley claimed that the next day, he received a call from Mr. Neuman, who purported to terminate him verbally, notwithstanding the mandatory 30-day written notice provision included in Mr. Hurley’s contract. According to the complaint, the plaintiff remained employed by the defendants following this phone call, considering as he was not provided with the appropriate 30-day written notice. Mr. Hurley claimed that he therefore submitted a formal request for FMLA leave. Rather than approve the request for Mr. Hurley’s leave, as was his right, Mr. Neuman terminated him, according to the complaint.
The attorneys at Morgan & Morgan are proud to have secured a judgment for their client and are extending a free case review to any employee who believes their FMLA rights have been violated. For more information, please visit http://www.USOvertimeLawyers.com or http://www.ForThePeople.com today.
About Morgan and Morgan
The employment law division at Morgan and Morgan is dedicated to protecting the rights afforded to employees under state and federal labor laws. They handle wage and hour cases through New York and the United States, as well as claims involving minimum wage violations, sexual harassment and workplace discrimination. If you suspect your employment rights have been violated, visit USOvertimeLawyers.com or ForThePeople.com today for a free case evaluation and information on your legal rights.
*Case No. 2:10-cv-334, U.S. District Court, Middle District of Florida