Reading Care and Engineering sued over alleged violations of FMLA

By Robbie Hargett | Oct 21, 2015

A Reading man is suing his former employer, a cranes and hoists engineering company, over his termination, allegedly arising out of his medical condition.

Bryan Gusley filed a complaint Oct. 2 in the U.S. District Court for the Eastern District of Pennsylvania against Reading Care and Engineering, alleging violations of the Family Medical Leave Act of 1993.

The complaint states Gusley was employed by Reading Care and Engineering as an inspection technician from October 2012 to May, during which time he suffered from spinal stenosis, which caused him pain and limited major life activities, including walking and lifting.

Even so, the complaint states Gusley performed his job duties competently and diligently.

Gusley had a scheduled back surgery for June 8. In early May, he informed the defendant that he would need a two-month leave of absence beginning in early June.

On May 29, the complaint states, the defendant terminated Gusley's employment without justification.

The complaint states that Gusley's termination was motivated by the defendant's desire to discriminate against him due to his disability and/or due to his exercising his FMLA rights.

As a result of his termination, Gusley has suffered damages, including lost back pay and fringe benefits, lost future earnings and fringe benefits, out-of-pocket expenses, and emotional pain and suffering.

Gusley seeks to recover lost wages, fringe benefits, out-of-pocket expenses, liquidated damages, interest, litigation costs, and attorney fees. He is represented by Peter Winebrake, R. Andrew Santillo, and Mark J. Gottesfeld of Winebrake & Santillo in Dresher.

U.S. District Court for the Eastern District of Pennsylvania case number 5:15-cv-05447-EGS

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