A former ramp service agent for US Airways who claims he was fired in retaliation for his using federally approved sick leave has filed a federal lawsuit against the airline.
Philadelphia attorney Jeffrey Campolongo filed the civil action March 8 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Philadelphia resident William S. Brown.
The lawsuit alleges that Brown, who was hired by the defendant in early November 2007, was terminated on March 1, 2011 for failing to maintain a satisfactory attendance record.
Brown, who suffers from chronic and severe asthma, alleges in his lawsuit that he was previously approved for intermittent leave under the Family and Medical Leave Act for a period between April 28, 2010 and April 27, 2011.
Similarly, he ended up having to take off work on Dec. 22, 2010, Feb. 20, 2011 and Feb. 16, 2011 as a result of his asthmatic condition.
Brown had called out of work on several occasions between April 2010 and February 2011.
The lawsuit claims that Brown was entitled to FMLA leave because he had been employed by US Airways for at least 1,250 hours in the 12-month period prior to March 1, 2011, the date of his firing.
Brown alleges he was unlawfully terminated in violation of the Family and Medical Leave Act.
“Defendant knowingly, intentionally, willfully and/or recklessly acted in disregard of the duty not to count protected absences towards Plaintiff’s attendance under the FMLA,” the lawsuit states.
As a result of his termination, the suit claims, Brown has suffered lost wages, pain and suffering, mental anguish, humiliation, loss of fringe benefits, “painful embarrassment among his friends and co-workers,” disruption of his personal life and loss of life’s enjoyment.
Brown seeks job reinstatement, in addition to full restoration of all leave and health benefits, compensatory and liquidated damages, and attorney’s fees and other court costs.
A jury trial has been demanded.
The federal case number is 2:12-cv-01207-CMR.