O'Connor First
Serving All OfNew York And Vermont
877-886-4029 Toll Free
518-465-0400 New York

Wrongful termination lawsuit filed by nurse dismissed

Businesses invest a lot in their employees. Time and money spent training employees often places businesses in a vulnerable position as they must then often wish for the best and hope they've hired a qualified and conscientious employee. In cases where an employee attempts to file a lawsuit against a former employer for wrongful termination, discrimination or harassment; it's critical that a business take steps to protect and defend their actions and assets.

Under the provisions of the Federal Medical Leave Act, qualified employees are able to take up to 12 weeks per year of unpaid leave. In order to qualify for FMLA, an employee must meet certain criteria and have a personal medical or family emergency that warrants the taking of such a leave.

A nurse's lawsuit against her former employer in which she alleged she was wrongly terminated after taking FMLA leave, was recently dismissed. According to the lawsuit, the nurse struggled with mental health issues and had attempted suicide at least twice in her first year on the job. In an attempt to deal with her underlying mental health issues, the nurse took FMLA leave as well as additional time off to attend treatment and therapy sessions.

The nurse's work performance, however, suffered. Appearing disoriented and unable to care for patients, she submitted to a drug test which only showed traces of prescribed medications. Documentation was made of at least four medication errors for which the nurse was responsible and she admitted to being unable to safely care for patients.

Given the nurse's inability to perform assigned and required job duties, her employer had no choice but to terminate her employment. In turn, she filed a wrongful termination lawsuit in which she accused her former employer of failing to accommodate her. The lawsuit was recently dismissed. In its decision, the court noted the employer's previous efforts to accommodate and work with the plaintiff and agreed that any additional accommodation would have been fruitless.

Source: Business Management Daily, "Disabled worker can't perform? OK to terminate," Aug. 9, 2013

No Comments

Leave a comment
Comment Information
Email Us For a Response

Speak To An Experienced Attorney.

High-Quality Representation At An Affordable Price. Contact Us Today.

Learn more about how we can help you by calling the firm at 877-886-4029.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

  • dri | The Voice of the Defense Bar
  • BEST'S Client Recommended 2019 | Insurance Attorneys
  • AV Preeminent
  • Bar Register Preeminent Lawyers
  • Lawyer of the Year
  • IADC
  • MPL
  • Best Lawyers
  • FDCC
  • Peer Rated
  • Plus
  • New York State Academy of Trial Lawyers
  • Lawyer of the Year
  • TIDA
  • Best Lawyers | Best Law Firms | US News |2019

NEW YORK OFFICE
20 Corporate Woods Boulevard
Albany, NY 12211

Toll Free: 877-886-4029
Phone: 518-465-0400
Fax: 518-465-0015
Albany Law Office Map

VERMONT OFFICE
507 Main Street
Bennington, VT 05201

Toll Free: 877-886-4029
Fax: 518-465-0015
Map & Directions