Former Tullahoma codes director files suit over alleged FMLA violations

Former Tullahoma planning and codes director Jennifer Amacher has filed a federal lawsuit against the city alleging Family and Medical Leave Act and Americans with Disabilities Act violation in her firing in May.
Former Tullahoma planning and codes director Jennifer Amacher has filed a federal lawsuit against the city alleging Family and Medical Leave Act and Americans with Disabilities Act violation in her firing in May.

The former codes director in Tullahoma, Tenn., has filed a federal lawsuit alleging violations of the Family and Medical Leave Act and Americans with Disabilities Act related to her firing earlier this spring.

Jennifer Amacher had been with the city for almost 16 years when she was fired on May 14 by City Administrator Jody Baltz III, according to the complaint filed Aug. 21 in U.S. District Court in Winchester.

Amacher is seeking back pay plus interest, the value of lost employment benefits, liquidated damages, front pay, court costs, fees for her attorney and expert witnesses and other litigation expenses, according to the complaint.

In February this year, Amacher began having a "significant neurological problem," the suit states. Amacher experienced "extreme weakness, lack of energy, tremors and similar problems."

Amacher lost weight and she claims in the lawsuit her illness was noted by Baltz and other members of the city's human resources office, the suit states. Her symptoms and doctor appointments led to her missing work as medical caregivers tried to make a diagnosis.

Amacher eventually was diagnosed with "cervical disk herniations," and she notified Baltz and human resources staff about her need for leave. The suit states she "also missed a week of work during March 2015 for flu and pneumonia [symptoms], which were likely related to her neurological issues."

She was "written up" on April 21 for missing work and suspended from her job for three days. She was also placed on a six-month probationary period, the suit states.

"During the disciplinary meeting, for the first time, [Amacher's] need for short-term disability leave and leave under the FMLA was discussed with Mr. Baltz and human resources," the suit states. She was terminated less than a month later, and her "use of leave was discussed as a reason for her termination."

The suit alleges the firing violated FMLA and ADA federal regulations.

Winston Brooks, spokesman for the city of Tullahoma, said Wednesday that city officials aren't discussing the lawsuit yet.

"As this is just the beginning of a lawsuit, the city has no comment at this time," Brooks said in an emailed response.

City attorney Stephen Worsham said he was personally unfamiliar with events leading up to Amacher's firing and that he couldn't discuss any details so early in the case.

The city was officially served through the mail on Wednesday, he said.

"I was aware of the fact that she had been dismissed. I'm waiting until we have a conference with city employees who were involved in her employment," Worsham said.

The city has 21 days, not counting Wednesday, to respond, he said.

Contact staff writer Ben Benton at bbenton@timesfreepress.com or twitter.com/BenBenton or www.facebook.com/ben.benton1 or 423-757-6569.

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