On Monday a case was filed in the Southern District of Florida by Frank Reyes Fontanez against Teva Pharmaceuticals USA, Inc. The case is regarding Family and Medical Leave Act (FMLA) discrimination and retaliation.
According to the complaint, the plaintiff worked for the defendant from 2005 through 2021. During this decades-long employment, the plaintiff alleges that he received excellent work reviews including one shortly before his termination.
The complaint recounted that the plaintiff reported for work on August 10,but during the work day developed a cough and sought permission from his supervisor to go home and get tested for COVID-19; the next day, the plaintiff received a positive antigen result and informed his employer’s human resources department and was instructed to remain home and seek further testing prior to returning to work.
On the following day, two days after reporting the plaintiff received a negative test and informed his employer, who against instructed the plaintiff to remain home and seek further testing, the complaint said. The negative tests continued for two days, and the plaintiff was informed he could return to work on August 17, a full week after initially reporting feeling ill.
According to court documents, the plaintiff was later informed that an HR investigation was underway and subsequently was fired for reporting to work while ill. The plaintiff denies reporting to work ill as well as denying that he made a false statement regarding his health status.
The plaintiff is suing for FMLA discrimination and retaliation regarding his use of FMLA during the testing period. He is represented by Robert Norell, PA.
