Plano ISD sued over termination: Employee claims district is in violation of federal labor law

Plano ISD is being sued by a soon-to-be former employee claiming it violated her rights under the Family Medical Leave Act when it terminated her contract.

Lori Davis, who was hired by the district in August 2008, claims in her complaint that the district terminated her due to multiple absences during 2009. Her employment is scheduled to end on Aug. 31, but the suit claims the absences were for FMLA-qualifying reasons, so the termination was unjust.

"Plaintiff took time off to care for her mother who had been diagnosed with cancer, to deal with her own pneumonia and to deal with her daughter's major sinus surgery," the complaint, which was filed on June 5, reads. "The number of days the Plaintiff took off, and the severity of the medical conditions, made them FMLA-qualifying events."

The suit contends that the district was aware of the reason Davis was missing work, and decided to terminate her contract, a move she alleges was in retaliation for exercising her rights under the FMLA. The suit also contends the absences conformed to the district's own leave policy, and that PISD has breached its own agreement with Davis.

According to the U.S. Department of Labor, the FMLA entitles eligible employees to take unpaid, protected leave for specific medial reasons. Employees are entitled to 12 weeks a year for instances such as suffering from a serious health condition that makes the employee unable to perform their job, the care of a newborn child or the care of a child, spouse or parent who has a serious health condition.

Charles Crawford, an attorney representing the district, said he saw the lawsuit for the first time on Monday and is currently formulating a response.

"We are still in the process of looking at the allegations and trying to separate the fact from the fiction," he said.

Davis is asking for the court to provide her with all unpaid compensation, as well as damages and attorneys' fees.

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