Clerical worker claims landscape company violated FMLA

By Michelle Keahey, East Texas Bureau | Jan 21, 2013

MARSHALL - A clerical worker has filed a lawsuit claiming that she was terminated for taking approved time off to care for her sick mother.

Susan Mims filed suit against Petty’s Irrigation & Landscape Ltd. on Jan. 15 in the Eastern District of Texas, Marshall Division.

Mims was employed by the defendant as a clerical worker for almost five years until her termination. According to the lawsuit, Mims states that she requested the right to take intermittent leave and received confirmation from the defendant that the leave had been granted. She was laid off on or about Sept. 21, 2011, the suit states.

The defendant is accused of violating the Family Medical Leave Act for terminating Mims’ employment prior to her exhausting the 12 weeks of medical leave allowed under the Act.

The plaintiff is seeking an award of damages for lost wages and benefits, liquidated damages, interest, court costs and attorney’s fees.

Mims is represented by Tyler attorney William S. Hommel Jr.  A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00028

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