The employee says he was ineligible for medical leave, leaving him with no choice but to use sick time for chemo.
United Airlines is facing a lawsuit from a former employee who says the company fired him for using too much paid time off to attend chemotherapy.
Hasan Syed filed the lawsuit Jan. 13 in Illinois, citing disability-based discrimination as the reason behind his firing from the U.S.-based airliner. According to a filing obtained by People, Syed stated he was let go over the phone for taking too much time off.
While he tried to get leave for his serious illness through the Family and Medical Leave Act (FMLA), he was denied due to not having worked at the company long enough. According to the U.S. Department of Labor, employees can receive up to 12 weeks of unpaid, job-protected leave with health benefits intact after 12 consecutive months of employment.
Following the harrowing news, he still tried to keep up with his 12-hour shifts. He used his employee benefits of paid time off and sick days as he began chemo that February.
“Despite his diagnosis and medical challenges, [Syed] continued working and performing his job duties to the best of his abilities,” the complaint says.
However, the company began to take note of how often he used his off days, unknowingly placing him on the chopping block. In the midst of a chemo session, Syed received a call informing him of his termination. His supervisor allegedly stated that his time off was the culprit.
“I’m sorry, but I have to let you go,” reportedly detailed the supervisor. “You’re taking too much time off work.”
To add insult to injury, Syed claims the termination occurred one week before he became eligible for medical leave. His lawsuit further dictated that the firing left Syed at a loss, especially with the abrupt removal of his health benefits.
[United’s] actions caused [Syed] significant financial harm, emotional distress, humiliation, and loss of dignity during an extremely vulnerable period of his life,” stated the filing.
However, Syed says the termination violated more than the FMLA. The former airline worker also accused United of violating the Americans with Disabilities Act and the Illinois Human Rights Act.
Now, Syed hopes to reclaim back pay with interest, loss of benefits, and damages for what he considers an unjust firing. His attorney told the news outlet that his case is more than personal, but about “hold[ing] employers accountable.”
“Mr. Syed’s case is about a worker who did everything he could to keep working while fighting a serious medical condition — and was terminated instead of supported,” shared the attorney, Chad Eisenback, in an emailed statement. “No one should have to choose between their health and their livelihood, and we will continue to hold employers accountable when they do.”
As for United Airlines, the company refused to issue a statement on the legal matter.
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Source: Black Enterprise
