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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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My husband worked for a large hospital in the Lubbock, TX area

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My husband worked for a large hospital in the Lubbock, TX area as a respiratory therapist until 3-7-12, the day he was terminated for sleeping on the job. The Sleep Study department of the same hospital diagnosed his sleep apnea 5 years earlier, and in 2009 sleep apnea was added to his FMLA along with the diabetes he had been diagnosed with at an earlier time.
He immediately filed for unemployment with the Texas Work Force, at which time he filled out forms stating the reason for termination. He got some unemployment, and then he had to start paying it back. Before his insurance with the hospital ran out, he had another sleep study done by them and they found that his sleep apnea had compounded in severity since the initial diagnosis.
We contacted a lawyer recently who decided after some time that he could not take the case, but referred my husband to another lawyer. This lawyer says Ron waited 20 days too long to file with the EEOC, so he does not think we can get any resolution. Ronnie believes someone at the EEOC told him he had a year to file. This newest lawyer is looking into statute of limitation issues and is hoping he can find a similar case(s) with a positive resolution to go by.
Do you have any ideas that might help?
Thank you.
Your husband did indeed have a potential EEOC claim he could have filed, but the statute of limitations on this claim provides that it must be filed within 300 days of termination. Unfortunately, this means that he has missed the deadline for filing the claim.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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