Woman sues after losing job for taking FMLA to care for sick husband

Michelle Massey, East Texas Bureau Oct. 5, 2010, 5:49am

SHERMAN-A Denton County resident has filed a lawsuit claiming she was terminated from her position for taking Family Medical Leave to care for her sick husband.

Krista M. Boggs filed suit against Automotive Operations, doing business as Pat Lobb Toyota of McKinney on Sept. 21 in the Eastern District of Texas, Sherman Division.

Boggs states she was employed by the defendant as a car title administrator from October 2006 until her termination on Oct. 29, 2008.

According to the court records, in August 2008, Boggs requested a 30-day leave from her job to care for her husband who was suffering from diabetes complications.

Subsequently, she requested an additional four week leave from her job to continue to care for her husband. When she returned to work on Oct. 29, 2008, she found her desk gone and belongings packed.

Boggs states the human resources manager said that Bogg's position was no longer available and that she could take a position as a cashier.

Due to a work-related arm injury, Boggs state she could not perform the repetitive tasks associated with the cashier's position. She claims she was told that she could take the job or resign, so she signed resignation papers.

The defendant is accused of retaliation in violation of the Texas Labor code and for violations of Family Medical Leave Act.

The plaintiff is asking for an award of actual damages for mental anguish and distress, loss of earning capacity, financial damages and punitive damages, plus pre and post-judgment interest and attorney's fees.

Boggs is represented by David B. Joeckel Jr. of The Joeckel Law Office in Fort Worth.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:10cv00491

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