ST. LOUIS -- A woman claims that her employer violated FMLA, leaving her to be unable to care for her two disabled children.
Treinnea Russell filed a complaint in the Circuit Court of the City of St. Louis against the Metropolitan St. Louis Sewer District for FMLA Interference and FMLA Retaliation. The defendant removed the case to federal court on June 15.
According to the complaint, Russell's husband died in 2014, leaving her with two children diagnosed with Autism and one with an additional diagnosis of Asperger's Syndrome. Russell became an employee of Metropolitan St. Louis Sewer District (MSD) on March 4, 2019, as a Minority and Business Enterprise Inspector.
As part of her employment, Russell was required to be in the field from approximately 7 a.m. until 3:30 p.m. Her children, ages 7 and 17 at the time, switched to remote learning, which became an issue due to them being unable to be home unsupervised all day at home.
Russell then began checking on her children while on her 30-minute lunch breaks. Russell alleged that when her direct supervisor Larry Woods found out, he became angry and told her she was not to go home to check on her children during lunch anymore.
In April 2020, Russell applied for FMLA and the HR department allegedly informed Russell on April 14, 2020 ,that intermittent FMLA leave was not available. Russell obtained medical certifications for her children but did not turn them in, going off the belief that the leave was available, and was denied FMLA leave at the end of April when she found out the leave was in fact available, the suit claims.
On July 8, 2020, Russell's schedule was modified again until Sept. 1, 2020, when she was allegedly told she had to go back to a schedule of 7:30 a.m. to 3:30 p.m. Russell sometimes came in late if the bus came to pick up her children late. Russell claims that Woods began allegedly telling Russell she could not use vacation or sick leave in less than eight-hour increments, while other employees could.
Russell also alleged having made several reports to HR about Woods' hostility towards her. On Sept. 30, 2020, Russell was terminated for "stealing time" and alleged poor performance.
Russell seeks lost wages, liquidated damages, attorney's fees and costs. Russell is represented by Edwin C. Ernst, IV of Ernst Law Firm LLC.