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FLORIDA RECORD

Friday, March 29, 2024

Former employee alleges Palm Beach Window and Door fired him for workers' comp claim

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PALM BEACH – A carpenter is suing his former Palm Beach County employer alleging that he was terminated for taking medical leave.

Jaime Hernandez filed a complaint on May 5 in the U.S. District Court for the Southern District of Florida, Palm Beach Division against Palm Beach Window and Door Co. alleging violation of the Family and Medical Leave Act and retaliation.

According to the complaint, the plaintiff alleges that he was injured on the job and filed a workers' compensation claim. The defendant's compensation adjuster allegedly approved and scheduled his surgery on Nov. 30, 2015. He worked until Nov. 25, 2015, the suit states. The plaintiff was allegedly granted short-term disability for his surgery until Jan. 4. His surgery took place as scheduled, but on Dec. 22, 2015, the suit states that the defendant advised the plaintiff that he was terminated from his employment. The plaintiff holds Palm Beach Window and Door Co. responsible because the defendant allegedly interfered, discriminated and retaliated against him because he utilized FMLA leave and filed a workers' compensation claim.

The plaintiff requests a trial by jury and seeks judgment against the defendant for all damages, attorneys' fees and costs and any and all other relief that the court determines to be just and proper. He is represented by Richard Celler of Richard Celler Legal PA in Davie.

U.S. District Court for the Southern District of Florida, Palm Beach Division Case number 9:16-cv-80710

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