Robert Hadley Mar. 5, 2016, 7:46pm


PHILADELPHIA – A Newton Square woman is suing her ex-employer, claiming she was unlawfully terminated after she took leave under the Family and Medical Leave Act (FMLA).

Cynthia MacBain filed a lawsuit on Feb. 17 in U.S. District Court for the Eastern District of Pennsylvania against the Devereux Foundation, alleging violations of the FMLA.

According to the complaint, MacBain was a $54,000-a-year marketing director for Devereux when her husband’s coronary bypass surgery forced her to file for intermittent time off under FMLA. Once granted intermittent leave, the suit says McBain became an hourly employee required to submit weekly timesheets. McBain says that although a supervisor told her to pencil in her projected hours on timesheets, when she subsequently updated her record to show actual time worked, Devereux allegedly terminated her for falsifying her record.

MacBain seeks a jury trial, and punitive and compensatory damages. She is represented by attorney Franklin J. Rooks Jr. of Jacobson & Rooks LLC in Marlton, New Jersey.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00751-ER

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U.S. District Court of Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA 19106

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