Employee sues Liberty Mutual, claims supervisor punished her for FMLA leave

In 2024, Cook became pregnant and went on approved FMLA leave from April through December. She gave birth approximately six weeks early in September 2024, requiring extended time away. According to the lawsuit, the trouble started when she came back.

Cook alleges that her supervisor, Elizabeth Gatto, ramped up scrutiny of her work after she returned from leave. More notably, she claims Gatto told her outright that her performance issues were “due to me being on FMLA” and “since I was on that protected leave.” If true, that is the kind of statement that keeps employment lawyers busy and HR leaders up at night.

In late July 2025, Cook was placed on a Performance Improvement Plan for allegedly missing FCR and leads targets. She claims Gatto had manipulated the way her performance was measured, making it impossible for her to hit the benchmarks. The PIP was later extended around January 2026, even though Cook says she was meeting expectations by then — raising the question of whether the plan was ever really about performance at all.

Cook also alleges she was passed over for all seven internal positions she applied for during 2025. A company policy required her to notify her supervisor of job applications, which, she argues, gave Gatto a direct line to interfere with her chances of moving up.

The lawsuit adds a racial dimension as well. Cook, who is African American, says she was the only Black employee on a nine-person team. She points to approximately five Black employees who were either let go or transferred out over the preceding year, including another African American colleague terminated in January 2026.