Southwest Airlines Class Action Lawsuit Filed By Erlich Law Firm

The Erlich Law Firm filed a proposed class action lawsuit against Southwest Airlines over alleged violations of employees’ rights under the federal Family and Medical Leave Act. Southwest employees affected in California and the United States could be eligible for compensation.

Southwest Airlines, a major U.S. and international airline, has been accused of creating a policy that penalizes flight attendants who take family or medical leave. The company employs a points-based disciplinary system. Employees are given points for attendance violations and points for good attendance. According to a complaint in the U.S. District Court for Northern California, some Southwest employees who took FMLA leave were no longer able to have attendance points removed from their records.

After taking FMLA leave after March 1, 2019, Southwest employees who exceed the maximum attendance point may be eligible for compensation. Relief may also be available for employees who were not able to have attendance points removed from the record due to FMLA leave.

“Firing or other retaliating against employees who take protected medical leave for an authorized reason is illegal,” stated Jason Erlich, an employment lawyer in Oakland, California. The company should be held responsible if there is evidence Southwest Airlines committed FMLA violations. A legal action is an option for affected employees. They can seek damages and stop their employer from engaging in illegal acts.

Roreste Refuerzo, the lead plaintiff in the lawsuit, began his career as a Southwest Airlines flight attendant in August 2006. In violation of both the FMLA, and California labor laws, he was fired in February 2020. Refuerzo is a proposed nationwide and California subclass of Southwest employees that used FMLA leave but were wrongfully terminated by their employer’s policy.

The court dismissed Southwest’s case on May 12, 2022. Roreste Refuerzo was the plaintiff. The court found that his FMLA leave could be used to support the inference that he “was a negative element in the decision to terminate” him. It also concluded that employees would be less likely than ever to use their FMLA rights as it would increase their likelihood of termination. Also, the court rejected Southwest’s attempts to stop the case from moving forward as part of a class action. The court has yet to rule on the merits or certify a class.

The Erlich Law Firm would like to hear from current and former Southwest Airlines employees that have used FMLA leave since March 2019.

Southwest Airlines employees can contact Erlich Law Firm to discuss their legal rights. Consultation is free. The consultation is free and you are not required to consult a lawyer.

from lawyers.buzz https://lawyers.buzz/southwest-airlines-class-action-lawsuit-filed-by-erlich-law-firm/
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