FMLA Protects Rights Of Arizona Delivery Driver

In April, a phoenix judge ruled that the employer of a man who was let go following his approved and protected leave of absence must offer him back wages and reinstatement under the Family and Medical Leave Act (FMLA).

Sparkletts, the claimants Atlanta, GA-based employer, terminated the drivers employment after he returned from a leave of absence, which was found to be in violation of his rights under FMLA.

FMLA has been in assisting workers since 1993 in cases where an extended leave of absence is needed because of an illness, recuperation from an injury, the need to care for a loved one or the birth or adoption of a child.

In the case of the Arizona driver, a merger had taken place with another company and they refused to rehire him or continue the employment benefits he had, which were medical, dental and vision insurance for him and his family.

“Twenty years ago, the FMLA codified a simple and fundamental principle in this country: Workers should not have to choose between the job they need and the family members they love and who need their care,” said acting Secretary of Labor Seth D. Harris. “Employers must abide by this principle in both their policies and practices.”

The judge ordered Sparkletts to extend an offer of employment with full seniority credit in addition to reimbursing the man $31,464 in out-of-pocket medical expenses and $26,871 in back wages.

This case certainly was a victory for the terminated employee, but without legal representation he may have lost everything. If you or a loved one has experienced termination or a violation of your employment rights, the victim may be entitled to compensation for medical expenses, lost wages, and more. Contact one of our workers compensation attorneys in Phoenix, AZ today to learn more about your legal rights.