Injured worker claims wrongful termination for too many absences

Michelle Keahey, East Texas Bureau Jun. 13, 2011, 9:53am

TYLER - A worker who was injured on the job has filed a lawsuit against his employer after he was terminated for too many absences.

Claiming he was denied medical leave, Ruben Correa filed suit against Nestle Waters North America Inc. on May 13 in Wood County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on June 9.

According to the original complaint, Correa began working for the defendant as a forklift driver in June 2005.

In March 2008, Correa suffered an on-the-job injury when he stepped off the forklift and twisted his right leg. He states he felt his knee "pop." It was later determined he needed surgery to repair his knee.

When he was released back to full duty work, approximately two months after his surgery, Correa states he was still in pain. He asked to be placed in another position but the request was denied.

The defendant also denied two requests for leave under the Family and Medical Leave Act and terminated Correa in June 2009 for too many attendance occurrences.

The defendant is accused of violating the Texas Labor Code and the Family and Medical Leave Act.

The plaintiff is seeking damages for lost income and benefits, medical expenses, inconvenience, loss of enjoyment of life, non-pecuniary losses, loss of consortium, liquidated damages, interest and court costs.

Correa is represented by Mark Anthony Acuna of Troy J. Garcia of Davis Law Firm in San Antonio

A jury trial is requested.

Case No. 6:11-cv-00298

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