Nurse alleges Dallas Medical Center improperly denied FMLA leave

By Kristine Gonzales-Abella | Feb 4, 2019

SHERMAN – A Coppell resident alleges she was terminated from her job as a nurse because she reported an allegedly improper denial of protected leave.

Mercy Augustine filed a complaint on Jan. 10 in the Sherman District of the Eastern District of Texas against Dallas Medical Center alleging violation of the Family Medical Leave Act.

According to the complaint, the plaintiff began her employment with the defendant as a registered nurse in 1974. The suit states in March 2018, she requested time off for treatment for her shoulder pain from April to June 2018, which was denied. She alleges she then submitted a request for FMLA leave, which was also denied. The suit states she reported the alleged improper denial of FMLA leave.

She alleges she took the time off and upon her return, she was demoted and her pay and hours were cut. The suit states on Dec. 14, 2018, she was terminated from her employment. 

The plaintiff holds Dallas Medical Center responsible because the defendant allegedly unlawfully interfered with her right to take FMLA leave and discriminated against and retaliated against her because she engaged in FMLA protected activity.

The plaintiff requests a trial by jury and seeks back pay and front pay, liquidated damages, interest, attorneys’ fees, costs and such other and further relief to which she is justly entitled. She is represented by Dorotha M. Ocker of Ocker Law Firm PLLC in Richardson.

Sherman District of the Eastern District of Texas case number 4:19-cv-00020-ALM-KPJ

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Dallas Medical Center Ocker Law Firm Sherman Division of the Eastern District of Texas

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