SHERMAN – A Sherman man has brought a wrongful termination lawsuit against UHP, LP, doing business as University Behavioral Health of Denton, claiming it violated the Family and Medical Leave Act “in multiple ways.”
Recent Sherman federal court records indicate that Joel Alce filed the 6-page suit on Aug. 20.
Formerly employed by UBH Denton as dietary director, Alce asserts the defendant granted him FMLA leave prior to discharging him three months ago. The plaintiff went on leave following an emergency surgery.
“During Alce’s FMLA leave, UBH Denton advertised a job opening at its Denton facility for a Dietary Manager, the same position Alce had held, and which listed the same job responsibilities and duties Alce performed as Dietary Director,” the suit states.
Alce says he returned to work on May 14 only to learn from human resources personnel that the respondent hired his replacement, adding he was falsely accused of theft.
The suit refutes UBH Denton’s allegations that the plaintiff “had performed an ‘involuntary walk out’ and had resigned.” It further alleges that the defendant called the police on Alce when he reported for duty the next day.
“Denton has denied Alce the ability to work in his position ever since,” court papers say.
Consequently, the complainant seeks unspecified monetary damages and a jury trial.
He is represented by Susan Motley and Grace Weatherly of the law firm Wood Weatherly in Denton.
Sherman Division of the Eastern District of Texas Case No. 4:18-CV-0594