Gene Johnson Apr. 28, 2016, 4:24pm


PHILADELPHIA – A company is being sued by a former employee over a claim that she was fired because she took lawful absence of leave as mandated under the Family and Medical Leave Act.

Lavette Himmons filed a lawsuit March 8 in the U.S. District Court for the Eastern District of Pennsylvania against Aetna Better Health Inc. alleging a violation of the Family and Medical Leave Act.

Himmons claims that she was fired in retaliation for her exercising her rights to take protected medical leave under the FMLA, stemming from an incident that included, according to the lawsuit, a May 15, 2015, letter from the defendant approving the plaintiff's leave from May 6, 2015, until June 4, 2015.

According to the claim, on June 1, 2015, more than three weeks after beginning her leave of absence, she was fired and told by management that she failed to process her claims in a timely manner.

She is seeking back wages, front pay, and bonuses in an amount to be determined by trial, but not less than $150,000, as well as monetary compensation for the amounts she used on health insurance premiums.

Himmons is being represented by Michael Murphy of the Murphy Law Group, L.L.C. of Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Court Case number 2:16-cv-01091-WB

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