Robbie Hargett Dec. 15, 2015, 12:19pm


A Harris County man is suing a Cypress Wood senior living center, alleging he was fired for leaving work to go to the emergency room.

J.B. Moblin filed a complaint Sept. 4 in the Houston Division of the Southern District of Texas against Stonegate Senior Living LLC and Cypresswood SNF Operations LLC both doing business as Villa Toscana at Cypress Woods, alleging discrimination for being "regarded as" disabled, plus violations of the Family and Medical Leave Act.

The complaint states on Aug. 27, while working as a nurse's assistant for the defendants, Moblin told the staffing coordinator and the director of nursing he needed to go to the emergency room because he was having trouble breathing and had severe neck pain, which he had complained of the previous few days.

The director of nursing told Moblin he could leave work, so his wife picked him up and took him to the emergency room, the suit says.

On the way there, the complaint says, the staffing coordinator called Moblin and told him he needed to return to work but Moblin said he was almost to the emergency room and had to be seen. The staffing coordinator terminated the plaintiff's employment that afternoon, before he returned to work, the suit alleges.

Moblin seeks damages, attorney fees and court costs. He is is represented by attorney Kell A. Simon of The Law Offices of Kell A. Simon in Austin. 

Houston Division of the Southern District of Texas case number 4:15-cv-02562.

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