Plaintiff alleges wrongful termination by former employer over FMLA violations

Charles Chamberlain Federal Building
Charles Chamberlain Federal Building
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A former employee is taking legal action against a major nutrition company, alleging wrongful termination and civil rights violations. Anthony Alviar filed a complaint on November 12, 2025, in the United States District Court for the Western District of Michigan against Gerber Products Company, operating as Nestle Infant Nutrition. The lawsuit accuses the company of violating the Family and Medical Leave Act (FMLA) by unlawfully interfering with his rights and retaliating against him.

Anthony Alviar began working at Gerber Products Company on December 7, 2021, and held various positions during his tenure. Despite receiving positive performance evaluations, Alviar faced significant challenges when he attempted to exercise his rights under the FMLA between October and December 2024. He submitted multiple requests for intermittent leave to care for family members with serious medical conditions but was repeatedly denied based on alleged ineligibility due to insufficient work hours. Alviar contends that these denials were unjustified as he had worked more than the required hours according to Gerber’s own records.

The situation escalated when Alviar was finally approved for FMLA leave in January 2025 after initially being denied despite meeting eligibility criteria. However, upon utilizing this leave, he faced disciplinary actions from his supervisor Bethany May and was ultimately terminated on April 4, 2025. The termination notice cited attendance policy violations that included absences covered by FMLA-approved leave. Alviar claims that Gerber’s actions were retaliatory and in violation of federal law protecting employees’ rights to take medical leave without fear of retribution.

Alviar seeks reinstatement to his former position or a comparable role along with liquidated damages exceeding $75,000. He also requests compensatory damages for lost wages and benefits as well as interest, costs, attorney fees, and any other equitable relief deemed appropriate by the court.

Representing Anthony Alviar are attorneys Channing Robinson-Holmes and Robert W. Palmer from Pitt McGehee Palmer Bonanni & Rivers P.C., located in Royal Oak, Michigan. The case has been filed under Case No. 1:25-cv-01425 in front of an unnamed judge at this time.

Source: 125cv1425_Anthony_Alviar_v_Gerber_ProductsComplaint_Southern_District_of_Michigan.pdf



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