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January 12, 2016

Former BIW employees claim unjust firings

Two longtime employees at Bath Iron Works have filed federal lawsuits charging the company with illegally firing them during approved medical leave.

The Bangor Daily News reported that the two employees claim that is in violation of the Family Medical Leave Act and the Maine Family Medical Leave Act, the Bangor Daily News reported.

The most recent suit was filed last week as the company continues negotiations with an attorney for more than a dozen other employees who claimed discrimination based on age and disability.

In October, 18 BIW workers formally complained to the Maine Human Rights Commission that the shipyard violated their rights due to a company-wide pattern of discrimination against older employees. A Maine Human Rights Commission investigator found reasonable grounds to support age-discrimination complaints filed by three BIW employees.

In this latest dispute, according to documents filed in U.S. District Court and reported by the BDN, long-time employee David Brady began suffering from a serious health condition in November 2014. In June 2015, his physician certified him for intermittent family medical leave. Soon after, he started his shift but began to suffer symptoms of his illness and received permission to use his Family and Medical Leave Act provisions. Later that day, he was accused of “utilizing his FMLA for the purpose of spending time at a local bar.” He was fired July 8, 2015. The suit seeks reinstatement to his position, back pay and benefits, and damages.

Another long-time employee Richard Pye was terminated from his job in July 2015. he filed suit against BIW in September claiming unlawful discrimination after he exercised his right to medical leave. Pye has asked  the court to restore his previous job, pay lost wages and benefits and pay additional damages up to the sum of the lost wages and benefits.

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