Store manager claims she was fired for taking leave to care for sick husband

By Michelle Massey, East Texas Bureau | Dec 2, 2010

SHERMAN - A store manager is suing her employer alleging she was terminated for taking time off to care for her sick husband who was receiving cancer treatment.

Claiming violations of the Family and Medical Leave Act, Susan K. Sizemore filed suit against Dolgencorp of Texas, doing business as Dollar General, on Nov. 24 in the Eastern District of Texas, Sherman Division.

Sizemore states she has been employed with Dollar General since October 2008 and was promoted to store manager.

She requested intermittent leave under the FMLA in May so she could periodically take time off to assist her husband in getting treatment for his Hodgkins lymphoma cancer. He needed chemotherapy treatments every 14 days.

Although her leave was approved, Sizemore states the regional manager refused to get her assistance to cover the store.

In July, Sizemore was fired and escorted out of the store based on the regional manager's false charges that Sizemore stole a company deposit. The plaintiff states she was recorded with the deposit on both the store's surveillance tapes and on the bank's system showing she made the deposit at the bank.

Prior to the deposit incident, Sizemore states she was previously fired for retaliation for making discrimination complaints regarding preferential treatment given to younger and/or male employees.

Sizemore claims the incidents of termination were in retaliation for taking FMLA leave.

The plaintiff is seeking damages for loss of past and future earnings and benefits, physical injury, sickness, pain and suffering, mental pain and anguish, loss of ability to enjoy life, loss of reputation, loss of job opportunities, punitive damages, court costs, attorney's fees and interest.

Sizemore is represented by Allen attorney Dan A. Atkerson. Jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:10-cv-00650

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