Denton County woman sues T-Mobile, alleging lost wages on medical leave

By Mark Trammell | Sep 16, 2015

A Denton County woman is suing T-Mobile, alleging lost wages due to medical leave and disability.

A Denton County woman is suing T-Mobile, alleging lost wages due to medical leave and disability.

Theresa Evans, of Denton County, filed a lawsuit Aug. 25 in the Sherman Division of the Eastern District of Texas, against T-Mobile USA Inc.

According to the complaint, Evans has been an employee of T-Mobile since July 2010 and in 2014, she suffered from migraines, which can be debilitating and limiting her ability to work, as well as other medical conditions, all of which she informed her employer.

On Feb. 18, 2014, the suit says, Evans had to seek emergency medical treatment for her ailments, requiring her to miss work, which she conferred with her employer about, and whom agreed to let her take leave under the Family and Medical Leave Act. The lawsuit states T-Mobile informed her she would need to return to work by Aug. 11 or her job would be jeopardized.

Evans says she agreed, but asked for certain accommodations, as laid out by her physician. T-Mobile subsequently asked for more time to contend with said accommodations, the suit states, asking the plaintiff via email not to return Aug. 11, until such accommodations could be made and saying it needed more information from her physician to do so.

However, the suit says, agreeable terms on both sides could not be met, and T-Mobile placed Evans on administrative leave for 30 days and told her to find another position within the company or risk termination.

The plaintiff maintains she accepted the accommodations already agreed upon and it was T-Mobile that refused to let her return to work in her former position, and thus, there was no need for her to have to find another position. Finally, an agreement was made between her attorney and T-Mobile's, and the plaintiff was allowed to return to work, the suit says. However, the complaint states she was refused compensation for lost wages that occurred during the period when she was not working.

The plaintiff alleges discrimination, reckless disregard of her lawful rights, mental anguish and other damages.

Evans seeks recovery of lost wages and benefits, court costs and attorney fees, damages as the court sees fit and a jury trial. She is represented by attorney Donald E. Uloth of Dallas.

Sherman Division of the Eastern District of Texas case number 4:15-CV-00578-ALM.

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