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Fired employee sues N.H. dealership alleging COVID-19 law violation

Fired employee sues N.H. dealership alleging COVID-19 law violation

A fired employee of a New Hampshire Chevrolet dealership is suing his former employer, alleging his rights were violated under the Families First Coronavirus Response Act, among other laws.

The complaint, filed July 25 with the U.S. District Court of New Hampshire, alleges MacMulkin Chevrolet Inc. in Nashua wrongfully terminated plaintiff Matthew Caron after he missed work because of health complications related to his disabilities and COVID-19.

Caron alleges he was fired over “attendance issues” in December 2020 after missing work because of a second doctor-recommended COVID-19 quarantine.

In his complaint, he argues his absence was covered under the Emergency Paid Sick Leave Act section of the Families First Coronavirus Response Act and the Family and Medical Leave Act.

Caron also alleges MacMulkin Chevrolet discriminated against him because of his disability and the need to care for his disabled son.

He cited one incident in which he was refused seating despite having a knee condition. Caron alleges management told him they were proving a point because other employees were sitting too much.

Additionally, Caron said he was oftentimes absent for issues related to his migraines and caring for his son. Caron said his absences were protected by the Americans with Disabilities Act and FMLA but that MacMulkin management verbally warned him about his attendance in November 2020.

Caron is requesting a jury trial and monetary damages to be determined at trial.

MacMulkin Chevrolet could not be reached for comment by Automotive News at the time of publication.

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