A man says his employer interfered with his rights under the Family & Medical Leave Act.
Kevin Rojas Pavon filed his complaint in federal court against ClarkDietrich Engineering Services alleging interference with his rights under the FMLA.
According to the complaint, Pavon began working for ClarkDietrich as a machine operator in 2013 and was promoted to Team Lead in 2019. In October 2020, he contracted Covid-19 which triggered Rheumatoid Arthritis. In early 2022, workplace stress aggravated his condition causing a seizure at work which led him to apply for intermittent FMLA leave.
The complaint says ClarkDietrich approved Pavon's intermittent FMLA leave from August 21, 2022, through August 20, 2023. However, in March 2023 while on leave, an HR representative from ClarkDietrich allegedly told Pavon he had exhausted his allowance of authorized leave under the FMLA and needed to transition to short-term disability leave. Pavon maintains he had not exhausted his FMLA-protected leave at that time.
He claims ClarkDietrich interfered with his exercise of rights under the FMLA and retaliated against him for exercising these rights. He is seeking compensation for unpaid wages, backpay, liquidated damages, compensatory damages and attorney fees.