Company sued for firing worker who called into work late

Michelle Keahey, East Texas Bureau Jul. 20, 2012, 10:37am

TYLER - A worker who called into work a hour late has filed a lawsuit against her employer for wrongful termination.

Claiming violations of the Family Medical Leave Act, Michelle Edwards filed suit against Advanced Temporaries Inc. on July 10 in the Eastern District of Texas, Tyler Division.

According to the lawsuit, Edwards advised the defendant's vice president that she would be out of the office in order to take care of her mother for foot surgery on Feb. 29.

Edwards' mother was taken by ambulance to the hospital on Feb. 27 and the plaintiff stayed with her. Edwards states that she called the defendant on March 1 at 9 a.m., to request that she have three hours off for the day in order to care for her mother. The defendant responded that Edwards was terminated for a "no call, no show."

The defendant is accused of violating the Fair Labor Standards Act by terminating Edwards for less than one hour of time for "no call, no show."

The defendant is also accused of improperly classifying Edwards as an exempt employee and for failing to compensate her for hours worked in excess of 40 hours per week.

The plaintiff is asking the court for an award of lost salary and employment benefits, liquidated damages, reinstatement, court costs and attorney's fees.

Edwards is represented by Tyler attorney Bob Whitehurst. A jury trial is requested.

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

Case No. 6:12-cv-00442

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