Plaintiff's original petition-FMLA, ADEA

IN THE UNITED STATES DISTRICT

FOR THE __________ DISTRICT OF TEXAS

__________ DIVISION

________, §

§

Plaintiff, § §

§ Civil Action No. ____________

v. §

§

________ §

§

Defendant. §

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Plaintiff, complaining of Defendant, and for cause of action would show:

Prefatory Statement

DISCOVERY CONTROL PLAN: LEVEL 2

Plaintiff intends to conduct discovery in this matter under Level 2, Rule 190.2, Tex.R.Civ.P.

I.

PARTIES

1. Plaintiff is an individual residing in _______, Texas.

2. Defendant is ____________ located at ____________, ______, Texas. Defendant may be served with process in this matter by serving a copy of this petition upon its registered agent, __________.

   II.

   VENUE AND JURISDICTION

3. Venue is proper, and is ______ County pursuant to §§15.002(a)(1), (3) of the Texas Civil Practice and Remedies Code, since the cause of action arose, in whole or in part, in ______ County, Texas, and at the time the cause of action arose, Defendant operated its principal office in ______ County, Texas.

4. The Court has subject matter jurisdiction of Plaintiff’s claims under Title VII, the Age Discrimination Employment Act 29 U.S.C. § 621, the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654, and the Texas Commission on Human Rights Act (“TCHRA”), Chapter 21, Texas Labor Code, pursuant to a right to sue letter issued by the Equal Employment Opportunity Commission (“EEOC”) to Plaintiff on [date]. This action is brought within ninety (90) days of Plaintiff’s receipt of the EEOC right to sue letter, as required by law. The damages sought by Plaintiff herein exceed the minimum jurisdictional limits of the Court.

   III.

   FACTUAL BACKGROUND

5. Plaintiff had been employed as ______ by Defendant. She was 64 years old at the time of her termination by Defendant on [date], and was 1.5 years from retirement and qualifying for Medicare. She was not offered the option for an open administrative assistant position when she was informed she was being laid off.

6. At the end of [month, year], Plaintiff was approved for 6 weeks of FMLA leave to have surgery. She was released by her doctor to return to work on [date], and contacted Defendant that day to advise of her doctor’s release. She returned to work the next day. While at work, she discovered that she was no longer listed in the system, and emailed the HR Manager, inquiring why...