Brian Mahn has lived with narcolepsy — a sleeping disorder most often characterized by an uncontrollable tendency to fall asleep in relaxing, dark, or quiet settings — for most of his life. While it has always been problematic, the situation escalated recently when he says his employer, Apache Corporation, fired him due to the chronic health condition. He has come to Attorneys Dorian Vandenberg-Rodes and Todd Slobin of Shellist Lazarz Slobin LLP in Houston for legal representation in an ongoing employment lawsuit.
When his narcolepsy worsened, Mahn asked Apache to change his work schedule to accommodate him. The company complied but only for a couple months. In May, he was unexpectedly and wrongfully terminated from his position, which he had held for four years. Nearly half a year after being terminated, Mahn is still looking for new employment.
Attorneys Vandenberg-Rodes and Todd Slobin have helped Mahn create a lawsuit to bring against Apache. Vandenberg-Rodes believes her case will prove the employer violated both the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). Under the civil rights law created by the ADA, employers have to make reasonable attempts to accommodate employees with disabilities of varying nature. Under the FMLA, employers must let employees take time off work when presented with a serious health complication or medical worry.
(You can learn more about this ongoing case by clicking here and viewing a full article from ABC 13 Eyewitness News.)
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