A former employee of United Glass Systems Corp. has filed a complaint with the U.S. District Court of Southern Florida alleging that the company has violated the Family and Medical Leave Act (FMLA) and Families First Coronavirus Response Act (FFCRA) for firing him while he was out sick with potential COVID-19 symptoms that turned out to be pneumonia.

In his complaint, Hector Hernandez states that he began to feel ill with COVID-19 symptoms on July 2, 2020. Four days later, he informed United Glass Systems that was getting tested for the virus. The test ultimately was negative. However, during the medical visit an x-ray was performed that showed Hernandez had pneumonia. His doctor advised him not to return to work until July 15. When he returned to work on July 19, he was informed that he had been terminated.

Hernandez is alleging that United Glass Systems is guilty of interfering with his FFCRA rights by denying him benefits he was afforded.

“As a direct and proximate result of the defendant’s unlawful treatment, the plaintiff has suffered damages and will continue to suffer irreparable injury and damages in the future, under the FMLA as temporarily modified by the FFCRA,” reads the complaint.

He also alleges that, as a result of his exercise of the benefits afforded under the FMLA as temporarily modified by the FFCRA, United Glass Systems intentionally, willfully and unlawfully retaliated against him by terminating his employment.

“The defendant’s decision to adversely affect the plaintiff was both connected to, and in response to, the plaintiff’s need for benefits under the FMLA as temporarily modified by the FFCRA,” reads the complaint.

Hernandez has requested a jury trial and is seeking damages recoverable under the FMLA as temporarily modified by the FFCRA in addition to legal costs.

2 Comments

  1. These statements are false. Mr. Hernandez was paid under the FMLA even though he did not test positive for COVID-19. Mr. Hernandez was terminated due to his work performance.

    1. It’s wrong to accuse without knowing truth or actual facts. I was there every step of the way. Even as his 8 month pregnant wife, high risk c section, breech baby and placenta previa , we was denied his rights. If he was awarded the case it’s because he was right and as well many many employees who vouched for him. As this company has done wrong MANY of them.

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