Tag Archives: Family and Medical Leave Act

Hospitality Industry Legal Risk: “Caring For Dying Wife Cost Chef at Tony Hotel His Job, Lawsuit Alleges”

“…Esselborn maintains he was entitled to take the time off to care for his ailing wife. The federal Family and Medical Leave Act allows workers to take up to 12 weeks of unpaid leave to care for immediate family members with a serious health conditionImage….A message left Tuesday for the hotel’s general manager was not immediately returned. The suit, filed in Manhattan state Supreme Court, seeks unspecified monetary damages…”

STATEN ISLAND, N.Y. — Annadale resident Robert Esselborn and his family endured a staggering blow on Christmas Eve when his wife, Barbara, a popular school teacher, died nine days after suddenly taking ill. She was just 38.

The day before, Esselborn had been jolted on another front.

He was fired by reality-show-winning chef Anthony Paris from his night cook job at Manhattan’s chic Crosby Street Hotel for taking time off to care for his dying spouse, Esselborn alleges in a lawsuit.

For more: http://www.silive.com/southshore/index.ssf/2014/04/caring_for_dying_wife_cost_che.html

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Filed under Claims, Employee Benefits, Hotel Industry, Hotel Restaurant, Management And Ownership

Hospitality Industry Employee Risks: Texas Hotel Sued By Former Restaurant Manager For “Retaliation” After Family Leave Of Absense

“… the company denies that Wike was fired in retaliation for taking time off under the FMLA…”

Back in November, the former restaurant manager for the Overton Hotel filed a labor lawsuit, claiming she was fired in violation of the Family and Medical Leave Act. On Wednesday, the management company for the Overton, 1859 Historic Hotels Ltd., responded.

Kerri Wike claims she never had a bad job review prior to taking leave to care for her mother in the summer of last year. She claims that when she came back to work on Sept. 1, she was given the choice to resign or be fired.

The Overton says, “All actions taken by the Defendant were in good faith, were made in conformance with applicable law, were taken based on reasonable grounds for believing that its actions were not in violation of law, and were for legitimate, nonretaliatory reasons.”

For more:  http://www.kcbd.com/story/16603000/overton-hotel-responds-to-lawsuit-by-former-manager

Other than denying retaliation, the Overton’s response is not specific as to why Wike was fired.

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Filed under Insurance, Labor Issues, Liability, Management And Ownership, Training