Ware dislocated a joint and had his hand placed in a cast, according to his account in the lawsuit filing. He said he reported to work with a note from a physician excusing him from work for three days.
Ware claims a team leader at the factory directed him to the plant’s human resources office, where, he said, he was “terminated without warning immediately following his request for FMLA (Family Medical Leave Act) information or medical leave.”
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The FMLA requires U.S. employers to offer workers unpaid but job-protected time off for medical reasons under certain qualifying conditions.
Ware holds that Fuyao failed to follow a progressive discipline policy. He seeks a permanent injunction against Fuyao, new policies and training for supervisors, demotion of the supervisors who engaged in “discrimination, harassment, or retaliation” against him and other measures.
Ware is also asking for restoration of employment at the plant, as well as monetary damages and an award in excess of $25,000.
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A message seeking comment was sent Friday to an attorney for Ware.
“We believe the lawsuit filed by former employee Mr. Ware against the company is without merit; and we intend to vigorously defend against it. It is our policy not to comment further on pending litigation,” Fuyao spokewoman Lei Shi said in an email.
Employing about 2,000 people, Fuyao says its Moraine plant is the world’s largest auto glass production facility.