Lawsuit: County employee says he was fired as he sought FMLA

A former Cameron County employee has filed a wrongful termination lawsuit, alleging he was fired from his job with the District Clerk’s Office while he was in the process of filing for Family Medical Leave Act (FMLA) protections.

In his lawsuit filed Oct. 22, Jesus Cantu, who had been employed with the county for 17 years, says he was fired on July 2 as he initiated the process for filing for FMLA.

Cantu was “in the process of the FMLA for a medical condition suffered by his spouse,” the lawsuit states. “Defendant and its representative were well aware of this fact,” the lawsuit further states.

County Judge Eddie Trevino Jr. and the county are named in the lawsuit. The Brownsville Herald has reached out to the county for comment and is awaiting a reply.

The lawsuit states Cantu met with the county’s Human Resources Department on July 1 to begin the process of filing for FMLA. On July 2, District Clerk Laura Perez-Reyes terminated Cantu while seeking leave under FMLA.

“At no time had Laura Perez-Reyes or Supervisor Oneida Duberney informed plaintiff that he was under any administrative investigation nor was provided with any progressive discipline as required since plaintiff qualified under Civil Service for defendant,” the lawsuit states, which also states that no Level 1 or Level 2 discipline had been issued against Cantu.

“Plaintiff had not received one official write-up or reprimand in writing or advised that his employment was in jeopardy until terminated officially when the FMLA was provided to plaintiff, by defendant’s HR representative,” the suit alleges.

According to the lawsuit, Cantu has requested to meet with Perez-Reyes regarding any concerns she had with his work performance but has not received any response from the district clerk.

Cantu is requesting a jury trial.

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