Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Employees allege retaliation and leave interference in new FMLA lawsuits, (Oct 15, 2025)
Organizations Mentioned:Brookdale Senior Living Communities Inc. | Brookdale Senior Living, Inc. | Regents of the University of Colorado | State of South Carolina
By George Basharis, J.D.
Recent complaints filed in Colorado, Louisiana, and South Carolina accuse public and private employers of discouraging or punishing the use of federally protected medical leave.
In Rivens v. State of South Carolina, Case No. 4:25-cv-12883-JD-KDW, filed in the District of South Carolina on October 9, 2025, a former Family Preservation Case Manager sued the State of South Carolina and its Horry County Department of Social Services, alleging interference and retaliation under the FMLA. The employee claims she was terminated after taking leave for surgery to repair a torn meniscus and subsequent rehabilitation following a car accident. She asserts that the agency improperly required her to submit all medical records instead of the physician certification authorized under the Act and later used a pretextual justification to end her employment.
The complaint states that human resources staff disregarded FMLA requirements by demanding medical documentation unrelated to her ability to return to work. After she provided the required certification, she was terminated for forwarding work emails to her personal account, which she contends was a pretext for retaliation. She seeks reinstatement, damages for lost earnings and benefits, and attorneys’ fees.
In Benjamin v. The Regents of the University of Colorado, Case No. 1:25-cv-03172-KAS, a radiology instructor at the University of Colorado School of Medicine filed suit in the District of Colorado on October 8, 2025, alleging violations of the FMLA and the ADA. The instructor contends that after receiving positive performance reviews, she was denied consideration for a remote position that would have allowed her to care for her mother, who had suffered a stroke, and her daughter, who has a seizure disorder. She further alleges that her supervisor discouraged her from using approved FMLA leave, contacted her daily during her absence, and demanded repayment for missed shifts. The complaint asserts that shortly after she returned to work, her renewed contract was rescinded under a pretextual claim of cultural incompatibility. She brings claims for interference and retaliation under the FMLA and association discrimination under the ADA.
According to the complaint, the supervisor’s conduct continued after the contract renewal was rescinded and before her employment formally ended. The instructor contends that the supervisor repeatedly demanded she “repay” her leave time by working additional unpaid shifts. When she refused, the university allegedly withheld certain professional development funds and delayed payment for shifts she later covered for absent colleagues. The instructor seeks damages for lost wages, benefits, and emotional distress, as well as reinstatement and attorney fees.
A separate lawsuit filed October 8, 2025, in the Western District of Louisiana, Hays v. Brookdale Senior Living Communities, Inc., Case No. 6:25-cv-01511-RRS-CBW, claims that a health care worker employed by a Brookdale-affiliated senior living facility was fired in retaliation for taking medical leave following knee surgery. The worker alleges that she qualified for and properly used FMLA leave for her recovery but was terminated soon after returning to work. The complaint contends that the stated reason for termination was pretextual and that the employer’s actions unlawfully interfered with her right to take protected leave.
According to the filing, the employee’s job performance had been satisfactory before her injury, and she had followed all required procedures for requesting leave. The complaint asserts that the employer’s decision to terminate her so soon after her return demonstrates retaliatory motive and disregard for her right to rehabilitation. The former employee seeks reinstatement, back pay, front pay, liquidated damages, and attorney’s fees. She also seeks liquidated damages, alleging the employer’s actions were willful.
Companies: State of South Carolina; Regents of the University of Colorado; Brookdale Senior Living Communities Inc.
News: LitigationNewsTrends EmployeeLeave Discharge Discrimination DisabilityDiscrimination