An employee of a wholesale and distribution company who is allegedly forced to resign after requesting accommodation for her working hours due to the closure of her son's school, has sued her former employer and prosecuted the Family First Coronavirus Response Act.  Experts have predicted that the complex paid sickness and family law adopted in response to the coronavirus pandemic would likely lead to increased disputes against employers.
Disputes were actually filed shortly after the law was passed.
MaryJo Delaney, who started working at Lock Haven, Pennsylvania-based Advantage Sales Ltd. as chief processing officer in 2014, was informed by his employer that the company falls under an exemption from the state lock ordered by the Tom Wolf government in March and would remain open, according to the trial filed Wednesday in the U.S. District Court in Williamsport, Pennsylvania, MaryJo Delaney against Advantage Sales Ltd. and Micah Clausen.
Mr. Clausen, the company's owner and president, said in a statement sent to employees that all employees who want to avoid potential contact with the virus can be voluntarily fired and do not risk losing their jobs, according to the complaint.
With her 9-year-old son's school closed due to the governor's order, Mrs. Delaney voluntarily resigned following the complaint.
In May, Mr Clausen informed her that he had called all employees who had requested a voluntary dismissal to return to work, and Mrs Delaney reported that she was working according to the instructions.
She requested that she work limited hours, but Mr. Clausen told her that her proposed schedule was not feasible because she was a manager. He refused to allow her to take the leave and told her that if she took the leave she would be demoted when she returned to work.
Ms. Delaney continued to work on her proposed limited schedule, while working extra hours to compensate for any missed time. he had not done before. "The unwarranted approach and criticism became unbearable," the complaint said. She was then demoted.
The complaint states that Mrs Delaney had no choice but to leave in June, and she was constructively dismissed.
The complaint accuses the company of interference and retaliation under the FFCAR. [1
Laura M. Gregory, a partner with Boston's Sloane & Walsh LLP who is not involved in the disputes, said many other lawsuits have been filed under the FFCRA, and more are expected.
"This is an area where we will see a lot of activity in the future" as the pandemic continues, she said. Catalog