Rosen Saba Files Lawsuit Against Fabletics for Wrongful Termination of Disabled Employee

As featured by The Hollywood Reporter,  Jezebel and multiple other outlets, Rosen Saba, LLP filed a lawsuit against the athletic-wear company Fabletics, founded by actress Kate Hudson, on behalf of a former employee who was terminated for taking a medically-ordered leave of absence. At the time, the employee was disabled and therefore a member of a protected group.

“Fabletics retaliated against our client for taking the medical leave to which she was entitled,” said Partner Ryan Saba. “They not only fired her without valid cause, but also harassed her with inquiries about her condition and violated her privacy by sharing her confidential medical information with her coworkers.”

The plaintiff was hired by Fabletics in July 2014, and was an exemplary employee, without any disciplinary actions or negative performance reviews. In April 2016, she became medically disabled and required an immediate leave of absence to undergo rehabilitative treatment for an addiction to a prescribed medication. She provided telephone and written notice, including a doctor’s note, to both of her immediate supervisors, stating that she would be unable to return to work until May 18, 2016. On May 19, 2016, the plaintiff provided her supervisors with a second doctor’s note that stated she would have to extend her medical leave until June 1, 2016.

Though the plaintiff’s leave had initially been accepted without question, her superiors began aggressively inquiring about the circumstances that necessitated her leave. They researched her health care provider, made incorrect assumptions about her medical condition, and disclosed confidential information to her co-workers, causing the plaintiff significant emotional distress and concern for her job security.

Fabletics terminated the employee immediately upon her return, citing subpar leadership skills and complaints from co-workers. However, no such complaints had ever been documented, and immediately before her termination, the plaintiff had received excellent performance reviews and a salary increase.

The plaintiff is seeking compensatory and punitive damages from Fabletics for the blatant disregard of her rights and privacy.

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