MIAMI — A janitor has filed suit against a janitorial services company for allegedly denying her a position with the company after she took time off through the Family and Medical Leave Act (FMLA) for cataract surgery.

Mary Joseph filed a complaint Sept. 2 in U.S. District Court for the Southern District of Florida against A.C.T. Janitorial Services Company Inc. and National Facility Services LLC, alleging that they violated the rights of an employee under the FMLA.

According to the complaint, the plaintiff alleges that, she had taken a medical leave from her employment with the defendants from March 30 to April 12, 2015, due to an eye condition, cataract surgery and recovery. Upon her return, the defendants allegedly terminated her employment as reported retaliation to her days absent on medical leave, which caused her to purportedly suffer damages for unpaid wages and lost employment benefits. 

The plaintiff holds A.C.T. Janitorial Services Company Inc. and National Facility Services LLC responsible because the defendants allegedly interfered with the plaintiff’s right to take medical leave, failed to notify the plaintiff of her eligibility for time off under FMLA and refused to reinstate the plaintiff's employment following a medical leave.

The plaintiff requests a trial by jury and seeks judgment against the defendants, for back pay, employment benefits, other compensation including bonuses, compensatory and liquidated damages, equitable relief including but not limited to reinstatement and/or front pay, interest, attorneys’ fees, costs and further relief as the court deems proper. She is represented by Keith M. Stern and Hazel Solis Rojas of Law Office of Keith M. Stern PA in Miami.

U.S. District Court for the Southern District of Florida case number 16-cv-62104

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U.S. District Court for the Southern District of Florida
400 N Miami Ave
Miami, FL - 33128

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