SE Texas Record

Saturday, December 14, 2019

Man alleges sleep apnea was factor in termination from U.S. Zinc Corp.


By Kristine Gonzales-Abella | Jun 14, 2018

Wrongful term 08

HOUSTON – A former employee of a Houston-headquartered zinc oxide manufacturer alleges he was terminated because of his disability.

Armando Santibanez filed a complaint on June 4 in the Houston Division of the Southern District of Texas against U.S. Zinc Corp. alleging violation of the Americans with Disabilities Act and the Family and Medical Leave Act.

According to the complaint, the plaintiff alleges that on Oct. 9, 2017, he was fired from his employment with the defendant. He alleges he had been employed by the defendant since 2001 and on June 14, 2017, he gave the company a doctor's note explaining his sleep apnea disability. He alleges the next day, he was written up and placed on a performance improvement plan. The suit states he took FMLA leave in July and September 2017.

The plaintiff holds U.S. Zinc Corp. responsible because the defendant allegedly failed to provide reasonable accommodations, failed to engage in the interactive process and terminated him in retaliation for taking protected FMLA leave.

The plaintiff requests a trial by jury and seeks judgment against the defendant for damages in an amount within the jurisdictional limits of this court and any other relief to which he may be entitled. He is represented by Nitin Sud of Sud Law PC in Bellaire.

Houston Division of the Southern District of Texas case number 4:18-cv-01823

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Houston Division of the Southern District of TexasSud Law PCU.S. Zinc Corporation

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