Collin County employee claims he was denied medical leave

Michelle Keahey, East Texas Bureau Jan. 23, 2012, 7:39am

SHERMAN - A Collin County employee has filed a lawsuit claiming he was denied medical leave and fired.

Edwin Lee Elmore Jr. filed suit against Collin County, doing business as Myers Park and Event Center on Dec. 29 in the Northern District of Texas, Dallas Division. The defendants removed the case to the Eastern District of Texas, Sherman Division on Dec. 29.

Elmore states he was fired from his position on Jan. 7, 2011, when the defendant failed to provide medical leave while he was scheduled for back surgery.

The defendant is accused of negligence for failing to provide Elmore any work while he was released to perform light duty labor, for replacing Elmore's position with another employee, for terminating his employment while he was schedule for back surgery, for not providing Elmore FMLA leave, for interfering with or denying Elmore's FMLA rights, for discrimination in violation of FMLA and Americans with Disabilities Act and for discriminating against him in violation of the Texas Labor Code.

The plaintiff is asking the court for an award of damages for lost earnings and benefits, mental anguish, emotional pain and suffering, inconvenience, loss of enjoyment of life, front pay, liquidated damages, attorney's fees, court costs and interest.

Elmore is represented by Dallas attorney John E. Wall Jr.

A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:12-cv-00025

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