John Suayan, Galveston Bureau Jul. 3, 2013, 1:41pm

HOUSTON - Humble resident Ethan J. Foerst has filed a lawsuit against EAN Holdings LLC and EAN Services LLC for allegedly terminating him because of his heart problems.

Recent court documents filed June 24 in the Houston Division of the Southern District of Texas claim Foerst was fired while he was on medical leave apparently approved by the defendants.

The respondents hired the plaintiff, who suffers from congenital heart disease, in February 2005.

In early December 2009, they allowed him to take short-term disability leave for his ailment while he remained an employee.

Foerst was then permitted to take long-term disability leave three months later.

According to the original petition, the defendants accommodated the complainant when it acquiesced in his disability leaves, but they did not allow him to return to his position with them.

"Instead, the defendants terminated his employment on June 11, 2010, while he was on disability leave, simply claiming that they could not keep his position open," the suit says.

The EAN entities are additionally faulted for:

  • Failing to show that holding open Foerst's position would impose an undue hardship; and

  • Consider whether they had a vacant, equivalent position for which he was qualified and to which he could have been reassigned to continue his leave for a specific period of time and then, at the conclusion of the leave, assume the new position.

Consequently, the complainant seeks at least $10,000 in damages and a jury trial.

He is represented by attorney Mark T. Womack of The Womack Law Firm in Houston.

Case No. 4:13-CV-1825

More News