University of Tennessee illegally demanded worker resign or be fired
NASHVILLE, TN – The U.S. Department of Labor has recovered $30,442 in back wages for a former university auditor whose employer violated their rights to protected leave.
Investigators with the department’s Wage and Hour Division found the University of Tennessee forced an auditor to resign after they requested to use protected leave for a qualifying health condition under the Family and Medical Leave Act. While the employee was on approved intermittent leave, the university told the employee they needed to resign or they would be fired.
The investigators also determined the employer failed to supply its employees with a complete policy that provided information about employee rights and responsibilities under the FMLA.
“Federal law allows for critical workplace rights precisely when workers need them the most. Qualifying leave is established by law, and employers cannot simply deprive eligible workers of their legal right to family and medical leave and force them to make the hard choice between keeping their jobs and caring for themselves or their families,” said Wage and Hour Division District Director Lisa Kelly in Nashville, Tennessee.
In addition to providing leave in certain circumstances, employers are required to inform employees that they may be eligible for FMLA leave within five business days of learning their requests could qualify. Employers must also:
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