Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.
Sign up for our Benefits newsletter
You must correct or enter the following before you can sign up:
Thank You!
Law360 (May 12, 2021, 5:51 PM EDT) -- The Tennessee Titans were hit with a lawsuit on Wednesday alleging that the NFL team ran afoul of the Families First Coronavirus Response Act and other federal labor laws by firing a field maintenance employee who took time off after contracting COVID-19.
Paul Miller claims in his Tennessee federal court suit that Tennessee Football Inc., the business entity that owns and operates the Titans, terminated his employment in November after he tested positive for the coronavirus and took two weeks of sick leave in order to quarantine.
Miller says his termination violated the terms of the FFCRA, which was signed into law during the first days of the coronavirus pandemic in March 2020. Among other things, the law provides all employees with two weeks of paid emergency sick leave.
"Under the FFCRA, the defendant was not permitted to discharge, discipline or otherwise discriminate against any employee who takes paid sick leave under the FFCRA," Miller said in his suit. "Plaintiff has suffered harm as a result of the defendant's actions."
According to the complaint, the Titans hired Miller as a sports field assistant in October 2019, and he "met or exceeded" performance expectations throughout his time with the Titans.
Miller's duties included preparing the team's practice and game fields, assisting the special teams and running backs during practice, and helping both the Titans and their opponents with any equipment issues that arose during practices and games, according to the complaint.
The lawsuit alleges that Miller tested positive for COVID-19 on Nov. 11 and was instructed to quarantine. Miller says he provided proof of his diagnosis to the Titans the same day, and was placed on paid sick leave for two weeks pursuant to the FFCRA.
But on Nov. 20, Miller says, he received a phone call from the Titans' general counsel Daniel Werly and director of human resources Allie Lessmiller saying he was being terminated from his position.
In addition to accusing the Titans of violating the FFCRA, Miller also says the team ignored his protections under the Family and Medical Leave Act and Fair Labor Standards Act.
"Defendant's actions were intentional, willful and in reckless disregard of Miller's rights as protected by the FLSA [and FMLA,]" Miller claims in his suit.
Miller asked the court to reinstate his old position, salary and seniority level, and to enjoin the Titans from discriminating against any employee on the basis of a disability. He's also seeking back pay and fringe benefits, liquidated damages under the FLSA and FMLA and attorney fees for the lawsuit.
Miller's lawsuit is one of a slew of recent legal actions filed since the U.S. government made history in adopting the first federal paid sick time mandate through the FCCRA. The law, which applies to most employers with fewer than 500 workers, entitles workers to two weeks of paid sick time for various reasons tied to the coronavirus, plus another 10 weeks at partial pay if they can't work because their children's schools have closed.
A former Eastern Airlines executive and single mother was the first to file suit under the new law in April 2020, alleging that she was fired for requesting time off under the FCCRA to care for her children. A dismissal motion in the airline employee's lawsuit is pending.
Other employers have since been accused in court of retaliating against workers for taking FCCRA leave during the pandemic, including a Florida glass installation company, a Michigan noodle bar and a Pennsylvania meat processor.
Representatives for the Titans declined to comment, and counsel for Miller did not respond to requests for comment on Wednesday.
Miller is represented by Kyle Frederick Biesecker of Biesecker Dutkanych & Macer LLC.
Counsel information for the Tennessee Titans was not immediately available.
The case is Miller v. Tennessee Football Inc., case number 3:21-cv-00378, in the U.S. District Court for the Middle District of Tennessee.
--Additional reporting by Braden Campbell. Editing by Nicole Bleier.
For a reprint of this article, please contact reprints@law360.com.
