August 10, 2020
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Disability Discrimination

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA. One was denied FFCRA-mandated time off to care for his four children, one of whom had special needs. The other was denied compensation and subsequently terminated after showing symptoms of and subsequently testing positive for Covid-19.

  • Complaint, Pacitti v. Ricciardi Bros. Old City, Inc., No. 2:20-cv-03734 (E.D. Pa. July 31, 2020)
  • Plaintiff, a driver, sued his employer for retaliation and wrongful termination in violation of FFCRA. Plaintiff requested protected paid leave under FFCRA to care for his four children whose schools were closed as a result of COVID-19. His employer informed him that he could take accrued paid time off or use 10 days of emergency paid sick leave after exhausting his FFCRA leave. When Plaintiff was ready to return to work, his employer notified him that he had been replaced and offered him a different position that required a substantially longer commute from Plaintiff’s residence. Because Plaintiff needed to be close to his special needs son, he had to decline the new offer. However, Plaintiff believed his original job was protected while he was taking paid time off.
  • Complaint, Romero v. Accurate Painting of Northwest Florida Inc., No. 3:20-cv-05703-MCR-EMT (N.D. Fla. Aug. 3, 2020)
  • Plaintiff, a painter, sued her employer, a construction contractor, for retaliation in violation of FFCRA. Plaintiff and her crew were ordered to take a COVID-19 test. Plaintiff started feeling sick before taking the test and did not return to work. She received a positive COVID-19 test and was advised to quarantine. When she inquired about her weekly payment while in isolation, she was informed that she would not be paid because she was already fired.

Additional filing: Complaint, Wright v. Denali Ingredients, LLC, No. 2:20cv1185 (E.D. Wis. Aug. 3, 2020).

The Week in FFCRA Complaints

June 12, 2020
Paid Family Leave
As part of our ongoing coverage of how coronavirus is affecting workplace conditions and employment rights, we are providing a weekly summary of complaints filed to challenge alleged FFCRA violations.

Berke-Weiss Weekly Roundup

June 12, 2020
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This week we’re highlighting several important developments regarding a return to work and the continued federal failure to properly address workplace safety, as well as more news on the childcare front, and a thoughtful consideration about how the global pandemic could get people thinking about family values in a new light.

Planning for Summer Childcare as New York Reopens 

June 9, 2020
Paid Family Leave
As the remote school year comes to a close and with summer camp plans still in flux, many parents and caregivers will soon be struggling to find childcare solutions and wondering whether they can use paid leave to care for their children through the summer months, and whether they may continue to telework even if their workplace reopens.
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