The Free Press, Mankato, MN

Local News

November 19, 2011

Federal lawsuit claims Dotson violated FMLA

By Dan Nienaber Free Press Staff Writer

MANKATO — A Mankato man is suing a Mankato foundry claiming he was fired while he was being treated for a medical condition covered by the federal Family and Medical Leave Act.

Daniel Perez’s complaint had been sent to Dotson Co. by his attorney, Jon Sarff, but it hadn’t been filed in Blue Earth County District Court. It’s not uncommon for attorneys initiating lawsuits to attempt to settle the case before it is filed in court.

However, the attorney for Dotson Co., David A. James of Minneapolis, responded by filing the complaint and requesting the case be moved to federal court, which it was. James also filed an answer denying Perez’s allegations and requesting Perez be required to pay Dotson’s legal fees if he loses the case.

Perez is claiming he requested to be placed on medical leave for depression and anxiety June 3. His lawsuit includes three disciplinary notices that were allegedly written up the same day accusing him of missing work without permission on May 26, May 27 and May 31. The last report said Perez was notified by phone on June 3 that he had been fired.

On June 7, Perez went to see Dr. Robert Olson at the Mankato Clinic. Olson wrote a note to “Whom It May Concern” saying he had been treating Perez for depression since February. The note also said Perez became more depressed and anxious when he stopped taking his medication in March.

“He could not go to work for medical reasons,” the note said. “He has recently been informed that he has been released from his work at Dotson. This certainly does not seem justified as he was suffering from depression and anxiety at the time.”

The Mankato Clinic’s Department of Psychiatry also issued a list of appointments Perez had with Olson and a therapist between February and July. The only appointment in May was not one of the days cited in the disciplinary notices.

The disciplinary notices by Dotson say Perez did not provide doctor’s notes for any of the absences, and denoted on each notice what step of the discipline process the notice represented.

It was also unclear from court documents whether Perez was fired before or after requesting medical leave.

Perez is suing to get his job back, financial damages equal to double his back pay and attorney’s fees.

The answer filed by Dotson said the company did not violate the Family and Medical Leave Act.

“(Perez’s) claimed losses and damages, if any, were caused in whole or in part, or were contributed to, by (Perez’s) own carelessness, negligence, fault, misconduct, acts and/or omissions, for which (Dotson) is not responsible,” the answer said.

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