Assistant store manager files disability discrimination lawsuit

By Michelle Keahey, East Texas Bureau | Dec 9, 2013

SHERMAN - An assistant store manager has filed a lawsuit against his employer claiming his treatment at work aggravated his depression and anxiety and led to his hospitalization.

that when he attempted to call in sick to work, his manager told him to report to his shift, which caused a severe anxiety attack and resulted in the assistant store manager becoming hospitalized.

Jason M. Haley filed suit against Sleep Xperts Inc. on Dec. 3 in Eastern District of Texas, Sherman Division.

Haley worked for Sleep Xperts from Dec. 9, 2010, to Jan. 9, 2013, as a sales representative and assistant store manager. According to the lawsuit, Haley has previously been diagnosed with Post Traumatic Stress Disorder, Major Depression and Severe Anxiety Disorder.

The suit says Haley experienced a severe anxiety attack on Jan. 9, 2013, and he called his manager to report his impending absence. He states he was unable to reach his manager or district manager and spoke with the area manager.

According to court documents, the district manager called Haley and told him to report for his shift. That evening, Haley’s store manager took him to a psychiatric hospital where Haley stayed until Jan. 14, 2013, allegedly due to the increased anxiety. When Haley attempted to return to work on Jan. 14, he was told that he had quit, according to the suit.

The defendant is accused of violating the Family & Medical Leave Act, the Americans with Disabilities Act and the Texas Labor Code.

The plaintiff is seeking an award of damages for emotional damages, pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, liquidated damages, exemplary damages, attorney’s fees, interest and court costs.

Haley is represented by Kerry V. O’Brien of O’Brien Law Firm PC in Austin. A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 4:13-cv-00716

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