Employee claims termination due to medical leave to treat diabetes

By Michelle Keahey, East Texas Bureau | Aug 26, 2013

SHERMAN - An employee has filed a lawsuit claiming he was discriminated against and terminated for taking medical leave due to his diabetic condition.

Justin Whittington filed suit against Zodiac Seats US, doing business as Zodiac Aerospace and formerly known as Weber Aircraft, on Aug. 23 in the Eastern District of Texas, Sherman Division.

Whittington is a Type I diabetic, which is a presumed disability under the Americans With Disabilities Act. According to the lawsuit, Whittington had to take intermittent leave during his first year of employment due to his medical condition.  He was terminated when his leave exceeded 80 hours, the suit states.

The defendants are accused of violating Whittington’s Family and Medical Leave Act rights and for FMLA retaliation.

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

Whittington is represented by Ashley E. Tremain of Kilgore & Kilgore in Dallas. A jury trial is requested.

Case No. 4:13-cv-00483

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