Employee appeals decision in family leave lawsuit

A Galveston County woman appealed for review of a decision by a government agency regarding a Harris County business.

Karen G. D’Onofrio filed an appeal Feb. 3 in Galveston County District Court against the Texas Workforce Commission and Vacation Publications Inc. of Harris County, alleging violation of the Family Medical Leave Act (FMLA).

According to the complaint, D'Onofrio was improperly fired from her position working at home as a travel counselor. She began approved leave July 11, 2014, to care for her husband, with plans to return to work in October, the suit states, but her manager communicated notice of her termination to her husband, Michael D’Onofrio, on Aug. 12, 2014.

Karen D'Onofrio filed an unemployment benefits claim with the Texas Workforce Commission Aug. 24, 2014, the complaint states, but TWC ruled against her claim Sept. 11, 2014. The job separation was erroneously confused with approved leave, the suit states.

D'Onofrio seeks a reversal of the TWC’s decision, between $200,000 and $1 million in compensation, attorney fees, expenses and costs. She is represented by attorney Nishi Kothari of Arguello, Hope & Associates in Houston.

Galveston County District Court case number: 15-CV-0105