Tennessee Titans Face Accusations of Firing Worker on Covid-19 Leave

In recent news, the Tennessee Titans are facing a lawsuit. According to the lawsuit, the NFL team violated the Families First Coronavirus Response Act (and other federal labor laws) when they terminated a field maintenance employee who took time off work when they contracted Covid-19.

The Case: Miller v. Tennessee Football Inc.

The Court: U.S. District Court for the Middle District of Tennessee

The Case No.: 3:21-cv-00378

The Plaintiff: Miller v. Tennessee Football Inc.

Paul Miller, plaintiff in the case, filed a lawsuit in Tennessee federal court against Tennessee Football, Inc. According to the suit, the NFL team terminated Miller’s employment when he tested positive for the coronavirus in November 2020 and took a couple weeks of sick leave to quarantine as recommended by the CDC. According to the lawsuit, the NFL team hired Miller as a sports field assistant in October 2019, and Miller consistently "met or exceeded" the employer’s performance expectations during his time on the job with the Titans during which his job duties included prepping the practice and game fields, helping special teams and running backs during team practices, and assisting with equipment issues.

The Defendant: Miller v. Tennessee Football Inc.

Tennessee Football Inc. is the business entity that owns and operates the Titans, an NFL team. According to the plaintiff, he received a phone call from Daniel Werly, Titans’ General Counsel, and Allie Lessmiller, Human Resources Director, terminating him from his job on November 20th, 2020. Miller claims that the team violated the FFCRA, and the Family and Medical Leave Act and Fair Labor Standards Act.

History of the Case: Miller v. Tennessee Football Inc.

According to the plaintiff, the team fired him in violation of the Families First Coronavirus Response Act (FFCRA). The FFCRA was signed into law during the early days of the pandemic in March 2020. One of the protections the FFCRA offers employees is two weeks of paid emergency sick leave. The law prevents employers from firing, disciplining, or discriminating against employees that take paid sick leave under FFCRA. Miller seeks to be reinstated to his old position, seniority level and salary with the Titans. The suit also requests that the Titans take action to stop discrimination against employees due to disability. Miller seeks back pay and fringe benefits, liquidated damages (under the FLSA and FMLA), as well as attorney fees.

This is one of many lawsuits and other legal actions filed recently in response to the U.S. government adopting the first federal paid sick time mandate, the FCCRA.

If you have questions about California labor law violations or violations of FCCRA, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.