Category: Family Medical Leave Act

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$919,000 Disability Discrimination Settlement

Truckers injured protected by disability discrimination lawyers.

How Western Distributing Failed Clinton Kallenbach and the Hard-Learned Cost of Neglecting FMLA Protections

When you picture a company calling itself “family,” you probably imagine warmth, care, and support—especially during tough times. That’s how Western Distributing Company liked to present themselves. Founded in 1933, this family-owned business proudly stated that their drivers were part of their family. But for Clinton Kallenbach, a longtime driver, those words rang hollow.

Clinton’s story exposes how promises of care and loyalty break down when businesses prioritize profit over people. It cost Western Distributing $919,000 to learn that dismissing the rights of injured workers can backfire. For Clinton—and many others like him—it was a grueling lesson in how companies should treat their employees but so often don’t.

Clinton Kallenbach’s Uphill Battle with Western Distributing

Clinton’s ordeal began when a medical issue forced him to take a leave of absence under the Family and Medical Leave Act, or FMLA. For those unfamiliar, the FMLA is a crucial legal safeguard designed to protect U.S. workers when serious health issues pull them away from their jobs. It allows eligible employees up to 12 weeks of unpaid, job-protected leave, ensuring their role—or an equivalent one—will still be waiting when they return. It’s not just a benefit; it’s a federal right.

Clinton did everything by the book. His doctor cleared him to return to work after his necessary recovery. Under FMLA protections, he should have resumed his duties confidently, knowing the law had his back. But that’s where things took a twisted turn. Western Distributing wasn’t satisfied with his doctor’s release. They insisted on a second opinion and requested an additional week of evaluation, creating further roadblocks. Their so-called “family” seemed less concerned about his health or rights and more focused on finding reasons to distance themselves from him.

The company’s intentions became clear as the days dragged on. Instead of welcoming him back as they should have, Western Distributing’s maneuvers appeared strategically aimed at ending his employment. He wasn’t treated like family—he wasn’t even treated like a valued employee.

The High Cost of Disability Discrimination

Clinton’s dismissal led him to take a stand. He sought justice not just for himself, but for others who might find themselves in similar situations. The courts ruled in his favor, recognizing Western Distributing’s actions as a blatant violation of Americans with Disabilities Act (ADA) protections and their failure to honor FMLA obligations. The $919,000 settlement wasn’t just a win for Clinton; it served as a warning to other companies flirting with similar exploitation—that shielding profits by trampling workers won’t go unnoticed or unpunished.

But the settlement money can’t erase the betrayal Clinton experienced. It can’t undo the stress, the legal battle, or the feeling of being devalued during one of the most vulnerable moments of his life. For Clinton, and for countless others whose names don’t make the news, victories like this highlight a reality that many workers endure in silence.

A Closer Look at FMLA Protections

If you’ve never had to rely on FMLA protections, congratulations—you’ve been fortunate. But for those who have, FMLA is often a lifeline. It’s designed to provide eligible employees with:

  • Twelve weeks of job-protected leave for qualifying family and medical reasons, such as recovering from a serious health condition, caring for a sick family member, or welcoming a new child.
  • Continuation of health insurance benefits during the leave, under the same terms as if the employee were working.
  • Protection against retaliation for taking leave, meaning that employees can’t legally be fired, demoted, or penalized for exercising their FMLA rights.

For workers like Clinton, the FMLA should have served as a shield. Yet, as his case shows, policies don’t mean much when companies are determined to ignore or sidestep them. That’s why it’s crucial for anyone facing this kind of mistreatment to know their rights and fight for them—even when it’s exhausting or intimidating.

Protecting Your Rights Starts with Expert Support

If Clinton’s story sounds familiar—if you or someone you love has been mistreated at work because of a disability, injury, or medical leave—it’s vital to know that you’re not alone. There is help. Your best defense against a system that feels stacked against you is the guidance of skilled employment law attorneys who know exactly how to hold companies accountable.

At the forefront of employee advocacy is Helmer Friedman LLP, a Los Angeles-based law firm specializing in cases like Clinton’s. Founded by Andrew H. Friedman and Gregory D. Helmer, this firm has built its reputation on fighting for workers’ rights in the face of discrimination, harassment, and retaliation. With over 20 years of legal victories under their belt, they’ve successfully represented thousands of clients nationwide, recovering millions of dollars in settlements and court awards. Their team provides the kind of expertise and compassion that makes navigating complex legal battles less daunting.

Helmer Friedman LLP doesn’t just win cases—they change lives. Their groundbreaking recoveries, like a $4.1 million settlement in a fraud class action or a $1.6 million jury verdict in a discrimination case, speak to their ability to tackle even the most formidable opponents. If Clinton Kallenbach’s story resonates with you, take comfort in knowing there are professionals equipped and ready to help.

Don’t Stay Silent—Take Action

It’s easy to feel powerless when giants like Western Distributing come down on workers already dealing with hardship. But Clinton’s story is proof that persistence, matched with the right legal support, can turn the tables. And when it does, those organizations are left to reckon with the damage they’ve inflicted—not just morally, but financially as well.

If you’re facing workplace discrimination or fear for your rights as an employee, don’t wait until it’s too late. Consult with an experienced employment law attorney who will fight for you—someone like the compassionate, battle-hardened team at Helmer Friedman LLP. Whether you’re navigating the complexities of FMLA, fighting retaliation, or seeking justice for discriminatory practices, know this one truth:

You are never alone in this fight.

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Rights, Protections, and Recovery: Navigating Colorectal Cancer and Your Workplace

Cancer can make you feel like you're going to pieces navigating work and treatment.

In 2024, colorectal cancer is estimated to be the fourth most common cancer in men and women.

Facing a diagnosis of colorectal cancer can be an overwhelming experience, both emotionally and physically. This disease poses significant challenges, often manifesting through distressing symptoms such as changes in bowel habits, rectal bleeding, abdominal discomfort, persistent fatigue, and unexpected weight loss. If you or someone you care about is navigating this journey, it’s vital to understand the treatment options available, the expected recovery times, and your rights for protection at work under U.S. law.

Colorectal cancer treatments vary widely and can include surgery, radiation therapy, chemotherapy, targeted therapy, and immunotherapy, tailored to fit individual health needs. While these treatments have the potential to be life-saving, they often come with a range of side effects—such as pain, extreme fatigue, decreased appetite, and emotional strain—that can necessitate considerable recovery time and support from loved ones. Recovery can be a lengthy process, lasting from a few weeks to several months, and it is essential to approach this journey with compassion for yourself.

You should also know that there are laws designed to protect your rights as an employee during this challenging time. The Federal Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and numerous State Family and Medical Leave laws are crucial safety nets for employees facing serious health concerns like colorectal cancer. The FMLA, for instance, may entitle you to take up to 12 workweeks of unpaid, job-protected leave within a year, allowing you to prioritize your health without fear of job loss. Importantly, this law also protects you from retaliation for exercising your rights.

The ADA further supports you by requiring employers to provide reasonable accommodations for employees with disabilities, including those undergoing treatment for colorectal cancer. These accommodations could mean adjusting your work schedule, allowing time off for medical appointments, or creating a more manageable workload. Your health and well-being should come first, and there are provisions in place to ensure you are supported during this time.

On the state level, protections can be even more comprehensive. Some state laws may offer additional benefits, such as wage replacement during your medical leave or broader eligibility for time off.

It’s deeply unjust to face discrimination or termination due to a cancer diagnosis, and the law stands firmly on your side. If you have experienced wrongful termination or discrimination because of your diagnosis or in exercising your rights under the FMLA or ADA, seeking the guidance of an experienced employment law attorney can be a powerful step. This support can help you understand your rights and navigate the necessary actions to safeguard your career and well-being.

Remember, while a cancer diagnosis can be profoundly challenging and disruptive, you are not alone in this battle. There are numerous resources and support systems available to help you through these trying times. By understanding your rights in the workplace, you can find the peace of mind needed to concentrate on your health and embark on your road to recovery. Your well-being matters, and you deserve the support you need.

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Pregnancy Discrimination – Employee Fired After Developing Placenta Previa

Discrimination based on gender stereotypes women with children is illegal. Call gender discrimination lawyers Helmer Friedman LLP.

In a recent case, Castle Hills Master Association and its affiliated property management companies agreed to pay $55,000 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit was filed on behalf of a pregnant resident coordinator who was terminated from her position after developing placenta previa, a pregnancy-related disability requiring bed rest. The employee was subsequently denied her request for a leave of absence, leading to her unlawful termination.

The crux of the case pertains significantly to the Americans with Disabilities Act of 1990 (ADA), which expressly prohibits discrimination based on an individual’s disability, including “pregnancy-related conditions.” The ADA’s protection covers cases where an employee is “treated unfavorably due to pregnancy or a pregnancy-related condition that the employee has.”

The ADA, under Title I, explicitly protects individuals from discrimination in job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It reads: “An employer cannot refuse to hire you because of a disability if you can perform the essential functions of the job with an accommodation.” This is directly applicable to the case at hand, where the dismissed employee could have continued her duties with the aid of a reasonable accommodation, in this case, a period of leave.

The ADA further states that employers must provide reasonable accommodation to an employee or job applicant with a disability “unless doing so would cause significant difficulty or expense for the employer.” This law clearly contradicts the actions of Castle Hills and its parent companies, who terminated the resident coordinator’s employment on the grounds of ineligibility for the Family Medical Leave Act (FMLA) or short-term disability benefits.

As proven in this court case, pregnancy discrimination is unlawful and a violation of an individual’s rights under the ADA. Should you, a friend, or a family member experience pregnancy discrimination, it is essential to seek legal counsel. An employment lawyer with experience in this intricate area of law can guide you through the proceedings, ensuring your rights are protected, and justice is served.