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Bryant Whitten, LLP

Shaw's grocery store sued for wrongful termination

California residents who follow national news relating to employment law are taking notice of a lawsuit that was filed recently in Concord, New Hampshire. A former employee of the grocery store chain Shaw's filed a lawsuit in U.S. District Court claiming that she was unfairly terminated because of her medical condition and that her rights under the Family Medical Leave Act were violated.

The plaintiff formerly worked at several locations of the Shaw's grocery store chain, eventually working her way up to bakery manager. Her problems stemmed from frequently showing up late, a problem she attributed to extreme fatigue resulting from a digestive problem that she had her doctor explain in writing. The plaintiff also was approved to work less hours as allowed under the Family Medical Leave Act, a law which grants employees unpaid time off to deal with medical issues. However, in spite of these actions, the plaintiff was still terminated from her position, even though she maintains that many of her responsibilities did not require customer interaction and could have been performed on a flexible time schedule.

The former employee initially filed a complaint with the New Hampshire Commission for Human Rights, however budget cuts made it impossible to investigate the charges. Now the case is filed as a lawsuit, with the plaintiff alleging that Shaw's violated her rights under both the Americans with Disabilities Act and the Family Medical Leave Act.

Individuals who believe they have been wrongfully terminated are often unsure of what steps they should take to be compensated for their loss. Attorneys specializing in employment law may be able to help their clients clarify their rights and work towards a fair solution.

Source: Concord Monitor, "Woman sues Shaw’s, claiming wrongful termination over illness", Tricia L. Nadolny, July 27, 2013

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