EATONVILLE, Fla. — A lawsuit has been filed in federal court that alleges the town of Eatonville led an employee to believe they offered federally required medical leave when they do not offer it.
Abu Canady claims he was dropped from a heart transplant list after he lost his job as Eatonville's Public Works director. Without health insurance, he fell off a list for an expensive heart transplant.
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“It was deemed something that I needed to stay alive,” Canady said. “And right now we're life or death and I have no idea if things are going to last.”
Canady's attorney said the city fired his client after he tried to take leave for a surgery under the Family and Medical Leave Act, or FMLA.
FMLA is required by employers of 50 or more. Eatonville has just under 40, but are accused of representing otherwise.
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“If they represent to the employee that the coverage applies and that employee relies on that to their detriment, then FMLA coverage can still apply,” said attorney Carlos Leach.
The town of Eatonville refused to comment and said their attorney has not yet been served with the suit.
The suit claims Canady was fired for trying to exercise is rights under FMLA. Now, he said he just wants his job back so he can get back on the heart transplant list.
“It was a severe let down. It was very very stressful,” Canady said. “But I have faith in God, knowing that he's going to see me through this.”
Canady's attorney said they don't want the case to run its course to trial because time is of the essence. They are hoping the city will quickly settle so he can get his job and his insurance back before it's too late.