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Family Dollar Employee Claims She Was Fired Because of her Asthma

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A former employee of the discount retailer Family Dollar Stores filed a lawsuit against the company in the Tyler Division of the Eastern District of Texas after being fired from her position as an assistant store manager. According to the Southeast Texas Record, Frances Pinson was promoted to an assistant manager after working as a cashier. After the promotion, she informed her manager that she suffered from asthma but could still perform the essential functions of her job.

Yet the plaintiff alleged that her asthma didn't go over to well with the Family Dollar manager. The lawsuit states that the store manager told Frances Pinson ""I'm afraid I'm going to come in and find you dead" on one occasion. The assistant manager was fired from her position after she and another employee could not complete a task to empty freight from the warehouse one day. The plaintiff alleges that the task could not be completed for a number of reasons, none of which had to do with her health.

Frances Pinson claims that upon her termination, she was told ""Your asthma isn't allowing you to do the job." The other employee responsible for emptying the freight was not fired. Hence, Texas employment lawyers are now arguing that the Family Dollar Company violated the Americans with Disabilities Act (ADA) in this case. Title 1 of ADA makes it unlawful to discriminate in employment against a qualified individual with a disability.

In this case, the plaintiff is seeking damages for back pay, front pay, lost benefits, and compensatory damages including recovery for mental and emotional distress, punitive damages, court costs and attorney's fees. More information on disability discrimination in employment can be found through our Related Resources pages.

Related Resources:

  • The ADA: Your Employment Rights as an Individual With a Disability (FindLaw)
  • Find a Houston Employment Lawyer (FindLaw)
  • The Americans with Disabilities Act - Overview (FindLaw)

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