Annie Hunt Mar. 28, 2016, 3:04pm

PHILADELPHIA — A man is suing his former employer over allegations of wrongful termination after he fractured his hand.

Michael Ziffer, individually and on behalf of his son, Bradley Ziffer, filed a lawsuit on March 7 in the U.S. District Court for the Eastern District of Pennsylvania against International SOS Assistance Inc., citing violations of the Family and Medical Leave Act (FMLA), violation of the Employee and Retirement Income Security Act (ERISA), and wrongful termination.

According to the complaint, Ziffer was employed by the defendant when he fractured his hand on April 13, 2015. He allegedly immediately applied for short term disability under a MetLife insurance policy and for leave pursuant to the FMLA, but the defendant did not properly file the application until April 29, 2015. The plaintiff’s doctor notified the defendant that Ziffer would be ready to return to work about May 18, 2015.

The suit claims that on May 5, 2015, the plaintiff’s employment was terminated on ostensible grounds of unexcused absences. Ziffer avers that the defendant willfully ignored dozens of calls and emails from him and his wife in an attempt to fix the filing problem.

Ziffer’s son allegedly suffers from permanent injuries as a result of an earlier skateboarding injury. On May 21, 2015, his son required a diagnostic brain scan, incurring a costly medical bill that was routinely covered by his employer’s insurance, but which was not covered because of the alleged illegal termination to which the plaintiff had no notice, according to the suit. The plaintiff claims the defendant violated his rights under the FMLA and the ERISA, causing him great financial and emotional damages.

Ziffer seeks compensatory damages for all past and future lost wages and benefits, punitive damages, attorneys fees, costs of suit, interest, and delay damages. He is represented by Graham F. Baird of the Law Offices of Eric A. Shore PC, in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-01070-GEKP

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

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