PHILADELPHIA – A surgical technician alleges she was terminated for taking leave to care for her son's medical conditions.
Sandra Avila filed a complaint on Aug. 31 in the U.S. District Court for the Eastern District of Pennsylvania against Abington Memorial Hospital alleging violation of the Family and Medical Leave Act and the Americans with Disabilities Act.
According to the complaint, the plaintiff was hired by the defendant in 2006 as a surgical technician and in 2009, her minor son was diagnosed with a gastro-intestinal medical condition. The suit states she took about two days of FMLA-protected leave each month to care for her son and provided at least a one-week notice. The suit states she later needed to take two to three days off a month.
The suit states she was terminated on Nov. 3, 2016, for allegedly sleeping on the job and taking excess breaks, she alleges are false. She alleges she was terminated for taking leave.
The plaintiff seeks compensation and reimbursement, punitive damages, court costs and any further relief the court grants. She is represented by Richard S. Swartz, Matthew D. Miller and Justin L. Swidler of Swartz Swidler LLC in Cherry Hill, New Jersey.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03937-RBS