A lawsuit was filed against Cablevision for Age Discrimination and Violation of FMLA on Behalf of Female Client
On behalf of our client, we filed a lawsuit against Cablevision and two (2) supervisors of Cablevision, Ernest Pastor and Stephany Dalton for age discrimination and violation of the New Jersey Family and Medical Leave Act.
Our client was employed by Cablevision for over 15 years. During the course of her employment, she was never disciplined, given a verbal or written warning for any type of workplace rules or policies.
In May 2015, she requested a New Jersey FMLA leave due to a surgery. The New Jersey FMLA grants any employee the right to take up to twelve (12) weeks of unpaid leave to deal with a serious health condition. The New Jersey FMLA requires an employer to grant such a leave, providing that the employee has a serious medical condition, and was employed for at least twelve (12) months prior to the request the FMLA leave. The New Jersey FMLA prohibits the employer from terminating an employee while he or she is on FMLA leave. The New Jersey FMLA also prohibits an employer from discriminating against an employee as a result of requesting or taking an approved FMLA leave. Under the New Jersey FMLA, the employer is required to maintain the employee’s position while she/he is on FMLA leave.
Our client’s New Jersey FMLA was approved by Cablevision. She was out on FMLA leave for about 2 months, at which time she returned to work. However, 3 weeks after returning from FMLA leave, Cablevision fired our client. Our client was told she had been fired because she forgot to remove her ex-husband’s name as a beneficiary on her health insurance policy.
She was replaced by someone younger than her.
After her termination, our client applied for unemployment benefits. Cablevision opposed her application for unemployment on the grounds that our client "falsified" company records by failing to remove her ex-husband's name from her medical insurance plan. However, the New Jersey Department of Labor, Unemployment Appeals Tribunal, rejected that argument. The Appeals Tribunal concluded that our client did not falsify company records but sent to Cablevision documents showing her divorce status and instructions to remove her former husband's name.
The plaintiff's suit is that Cablevision fired her for taking medical leave and then replace her by a younger person, which constitutes unlawful age discrimination.
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