SHERMAN-Shortly before the Celerity Inc was taken over by Brooks Instruments, a field service technician was hospitalized for an emergency coronary artery double bypass and was placed on leave under the Family and Medical Leave Act.

When the employee received notice of the acquisition, he called the company and was told his position was being eliminated due to the service center being closed. However, a few weeks later the former employee learned that the Brooks Instrument had allowed all the other field service technicians to return to work.

The employee, Ronnie Angel, alleges the company discriminated and retaliated against him for taking FLMA leave.

Arguing the company's actions violated the FMLA, Angel filed suit against Brooks Instrument on April 16 in the Sherman Division of the Eastern District of Texas.

According to the complaint, Angel had been employed at the Celerity facility in Allen since 1993 and was very successful in his position as a field service technician.

Angel asserts, "Brooks Instrument discriminated and/or retaliated against Angel for exercise of his FMLA rights, specifically his taking FMLA leave, and/or unlawfully interfered with Angel's rights to take FMLA leave, in violation of the FMLA."

The plaintiff is seeking damages for back pay, liquated damages, front pay, including lost wages, salary, benefits, interest, attorney fees and court costs.

Dallas attorneys Christine Neill and Jane Legler Byrne of Neill & Byrne PLLC are representing the plaintiff.

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

Case No 4:10cv00193

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