BUTLER COUNTY, Ohio — A woman is suing her former employer after she says they fired her during her maternity leave.
Angela Gabbard filed suit in the U.S. District Court in Cincinnati earlier this month against the three judges on the Butler County Area Court, the county and the commissioners, for an undisclosed amount that includes economic and punitive damages and to get her job back. They include the medical bills for the birth of her baby since her insurance was terminated.
She claims the defendants acted with “malice and a conscious disregard for Plaintiff’s federally protected rights” and she has suffered economic and emotional distress, pain and suffering.
“Defendants’ justification for terminating Gabbard is pretext for illegal discrimination on the basis of her pregnancy and retaliation for taking a leave of absence for her pregnancy,” the lawsuit reads. “Defendants also interfered with Gabbard’s rights under the FMLA by denying her FMLA leave to which she was entitled, and by using her FMLA-protected leave as a negative factor in the decision to terminate her employment.”
Gabbard had her baby May 31, 2022 and she had 30 days from that date to provide the county her Family Medical Leave Act form. She gave the form to her doctor to complete on June 9 and informed her supervisor. After another court employee texted her about her return date on July 13, she said she intended to take the full 12 weeks of leave to which she was entitled, and a week later said she’d return in September.
The lawsuit claims prior to Gabbard’s leave her supervisor was “agitated” that she wanted to take longer than six weeks off and that she asked the county to provide her a place to express breast milk upon her return.
She alleges Court Administrator Linda Lovelace fired her in a letter dated Aug. 2. The lawsuit claims Lovelace cited the following concerns in a termination letter: “1) Gabbard allegedly cleaned out her desk when she took leave; 2) failed to return FMLA paperwork after allegedly being reminded and asked about it on several occasions; and 3) failed to submit a request, in writing, to Lovelace along with a signed physician’s statement stating how long she needed to be off of work.”
Gabbard claims nobody told her she hadn’t provided sufficient paperwork.
Area III Court Judge Courtney Caparella-Kraemer told the Journal-News she could not comment on the lawsuit and in fact knew nothing about it prior to the federal court filing. The other judges couldn’t be reached for comment.
Butler County Prosecutor Mike Gmoser said “at this time” he has no comment.
READ MORE
County and West Chester sue Comfort Inn hotel over back taxes
Suspect in Okeana neighbor’s death charged with assault while in treatment
Katelyn Markham case: Court hearing for suspect John Carter continued until September
