Houston man denied reinstatement, sues company over FMLA violations

By John Suayan, Galveston Bureau | Feb 4, 2013

HOUSTON - Houston resident Jared Eskandari is suing Alarm Security Group LLC for terminating him for missing work under the Family Medical Leave Act.

A lawsuit was filed Dec. 13 in Harris County District Court. ASG removed the litigation to the Houston Division of the Southern District of Texas on Jan. 25.

Eskandari was hired as a sales representative in September 2010 and was promoted twice within a year's time.

The suit states that the plaintiff informed ASG on June 8, 2012, that he intended to take time off to address a "serious health condition."

According to court papers, the company subsequently told Eskandari that he was eligible for FMLA leave but that it was designating him as a "key employee" to which his restoration to employment could be denied for it would jeopardize the business.

Eskandari took his leave, and during his absence he received correspondence stating he was denied reinstatement.

ASG claimed that reinstating Eskandari would cause it "substantial and grievous" injury yet apparently neglected to provide the plaintiff "any evidence demonstrating that the Houston branch's sales decreased dramatically since he went out on leave on June 8, 2012, or with any evidence that any such dramatic decrease was caused by Eskandari's absence," the suit says.

It adds no efforts were even made to replace Eskandari.

After continuously communicating with the defendant through writing to reacquire his commercial sales manager position, the plaintiff was terminated in early September 2012.

He asserts the move in question was a revenge tactic.

Consequently, he seeks unspecified monetary damages and a jury trial.

Attorney Ruth Ann Daniels with Looper Reed & McGraw P.C. in Dallas is representing Eskandari.

Case No. 4:13-CV-191

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