She also claims denied raises, a manipulated PIP, and race discrimination
A Liberty Mutual employee says her supervisor told her, point blank, that her performance problems were tied to her taking FMLA leave.
Amia B. Cook, a remote call center representative based in Spring Hill, Florida, filed a federal lawsuit against Liberty Mutual Group, Inc. on April 13, laying out a series of allegations that should give any HR department pause. The case, Cook v. Liberty Mutual Group, Inc. (Case No. 5:26-cv-00268, M.D. Fla.), is still in its early stages and no determination has been made on the merits.
Cook started at Liberty Mutual in November 2021 as a Primary PAG representative and, by all accounts in the filing, did well. She received automatic promotions in March 2022 and November 2023, along with consistent annual raises — until things took a turn.
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.
Between May 2024 and March 2026, Cook filed multiple internal complaints through HR and the company's Navex reporting system. She says she was never told what came of the investigations, with the company citing confidentiality. The adverse treatment, she alleges, did not stop.
The situation took a further toll on Cook's health. She says the work environment triggered anxiety and stress-related conditions that required medication and short-term disability leave starting September 2025. Before she left, she alleges Gatto told her the PIP would simply pick back up when she returned.
Cook is seeking back pay, compensatory damages, and a jury trial, among other relief.
For HR professionals, the case is a reminder that what supervisors say — and how organizations respond to internal complaints — can end up under a courtroom microscope.
