HOUSTON – A Harris County woman alleges that she was constructively terminated from her job as a property manager after taking a maternity leave.

Candis Parish filed a complaint on May 10 in the Harris County Circuit Court against FDI Property Management Services Inc. alleging that the defendant violated the Family and Medical Leave Act.

According to the complaint, the plaintiff alleges that in June 2016, plaintiff properly notified her supervisor that she was pregnant and applied for a medical leave to give birth to her child. After taking no more than 12 weeks absence in compliance with FMLA guidelines, the plaintiff claims her supervisor, without warning or notice, informed her that her position was no longer available and she would have to endure a significant demotion from a salaried full-time employee to any entry-level position as a part-time leasing agent if she wished to return to work. 

The plaintiff holds FDI Property Management Services Inc. responsible because the defendant allegedly failed to restore plaintiff to the position of employment held by her when the leave commenced, terminated employment as a result of plaintiff's notice of intent to return after FMLA leave and failed to implement policies and procedures that would not create a financial incentive for employees seeking to take FMLA leave being forced from their positions of employment.

The plaintiff seeks compensation for wages, employment benefits denied, actual monetary losses, costs, attorney's fees, pre- and post-judgment interest and such other and further relief as may be just and proper. She is represented by Brit N. Mitchell of Brit Mitchell Law PLLC in Houston.

Harris County Circuit Court case number 2017-31530

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