Diabetic man files disability discrimination after being fired
SHERMAN - A man with diabetes has filed a lawsuit against his employer for disability discrimination after he lost his job.
Clarence Fuentes filed suit against Krypton Solutions on Sept. 9 in the Eastern District of Texas, Sherman Division.
Fuentes began his employment with Krypton in July 2008 and was diagnosed with diabetes in 2009. He informed his direct supervisor of the company about his health problems.
According to the complaint, Fuentes requested leave to have gallbladder surgery. During his medical leave, he alleges Krypton was looking to hire an employee with the same position as his. Fuentes asked management and he claims he was told that his job was not in jeopardy.
After returning to work from medical leave, Fuentes states he was forced to leave due to another diabetic attack. While out of work, he received a letter stated his employment was terminated for "no call, no show."
Fuentes argues the stated reason for his termination is false and is a pretext for disability discrimination, since he notified his supervisor that he would not be able to work due to his protected medical condition.
The plaintiff is seeking damages for back pay including lost wages, overtime pay, employment benefits, reinstatement or front pay and benefits, actual damages, compensatory damages for emotional pain, suffering, inconvenience, mental anguish, punitive damages, interest, attorney's fees and court costs.
A jury trial is requested.
Fuentes is represented by Dallas attorney Stephen E. Hammel.
Case No. 4:11-cv-00581