Henderson County woman claims termination due to medical leave for pneumonia

MARSHALL - A Henderson County woman has filed a lawsuit claiming she was fired from her job after she took three days off to recover from pneumonia.

Debbie Starr filed suit against Action Cleaning Systems Inc. on June 7 in the Eastern District of Texas, Marshall Division.

Starr began working for the defendant as a temporary employee in September 2011, and became a permanent employee in December of that year.

In June 2012, Starr was diagnosed with diabetes and Hepatitis C.  According to the lawsuit, Starr took three days off of work in August 2012 to recover from pneumonia.

She states she was fired via a text message from the owner of the company. Allegedly the text message stated that the defendant preferred for the plaintiff not to return to work until she was completely well and that she would be better off applying for disability and Medicaid.

The defendant is accused of violating the Americans with Disabilities Act and Family Medical Leave Act retaliation.

The plaintiff is seeking an award of damages for lost wages, lost employment opportunities, pecuniary losses, mental anguish, loss of enjoyment of life, attorney’s fees, interest and court costs.

Starr 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-00476