Kevin Martin was fired from his job at Penske Logistics on June 22, 2021. He was involved in a serious car accident on May 2, 2021, and was still suffering from acute back and neck pain. He was let go on the same day that he received notice that he had been approved for leave under the Family Medical Leave Act (FMLA).

Kevin Martin’s termination followed years of shabby treatment. He finally got the help he needed from W.D. Masterson, a Kilgore employee rights lawyer, who won this FMLA lawsuit on his behalf. In April 2025, the Northern District of Texas, Dallas Division, awarded Kevin Martin $226,351.85 plus pre-judgment and post-judgment interest. You might say this was not bad for a guy who used to load trucks.

Call Kilgore & Kilgore If You Have Questions About Workplace Discrimination Claims and Violations of the FMLA

Our employment law specialists understand the medical leave rights contained within the FMLA. Click this link to learn more about our Texas employment leave practice FMLA. To speak with a Texas employment lawyer, reach out to us online at Contact Kilgore & Kilgore or call us at (214) 969-9099.

Bad Boss Behavior and Workplace Discrimination Claims

Martin came to work for Penske in 2016, initially as a loader earning $24,802. In 2020, he earned $55,960, more than double his original salary. It looked like a success. But it was hard won. It came after many years of harsh treatment by his employer.

In 2017, Kevin Martin was asked to move from the day shift to the night shift to accommodate another employee. He was promised that he would be considered for a promotion to night shift supervisor, a raise and better benefits. For the next year, he worked as lead doing supervisor work but without supervisor pay. The promised promotion, pay and benefits never materialized. He was asked to cut his dreadlocks but declined to do so. In 2020, he was asked again to work the night shift, with the promise of a raise. He did and finally got the raise. During the first three years of his employment, he never received an annual evaluation.

In 2021, Kevin Martin was encouraged to apply for another supervisor position. He felt the interview went well and was told to expect another interview. It never happened. He never heard anything. Instead, at a regular weekly meeting, another worker, who he had trained, was introduced as the new supervisor.

Then Kevin Martin had a car accident, went to the emergency room, and was diagnosed with neck and back pain. Five days later, he received an angry phone call from Penske about missing work. He was told to come back to work and implicitly threatened with termination.

When he tried to return to work, Kevin Martin presented his ER records from the hospital and proof of the accident. Pain from his neck and back spasms ultimately affected his performance. On June 16, he was suspended because of days missed. Martin was fired six days later, over the phone, on the same day that he received his FMLA letter.

FMLA Lawsuit

Martin filed his FMLA lawsuit in March 2023. He alleged that Penske’s conduct violated the FMLA because the company did not allow him the necessary time to collect and present his FMLA letter. An FMLA letter is a document used to request and/or designate leave under the FMLA.

FMLA Workplace Leave Policies

The FMLA allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to 12 weeks of leave in a 12-month period for:

• the birth of a child and to care for the newborn within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• to care for the employee’s spouse, child, or parent who has a serious health condition;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

In addition, the law allows for 26 weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin.

Most people’s imagination runs directly to the situation of a worker who needs to care for a sick or injured spouse, child (or a newborn) or parent. In fact, though, workers are also allowed to take the time they need to care for themselves.

Martin’s situation was straightforward. Apart from the shabby treatment and discriminatory termination, which suggests an inadequate HR function at his workplace, the violation of law is also about the speed with which he was fired (known as temporal proximity). Not every situation is this simple, which is why it is important to work with an experienced employment discrimination attorney who understands some of the subtleties and the great potential of FMLA lawsuits.

FMLA Nuances

The FMLA helps employees in a variety of ways. However, it is important to realize that not all employers are covered by the FMLA law, and not all employees of covered employers are protected. The law also specifies what kind of notice employers must receive of a worker’s intention to take FMLA leave.

Also, there are individual situations to be considered. Sometimes, an employee may not need 12 weeks away from work, but rather, a permanently reduced schedule. Intermittent leave may be appropriate and can often be combined with maternity or parental leave.

Our Employment Discrimination Attorneys May Be Able to Help with FMLA Puzzles

When it was enacted 30 years ago, the FMLA was hailed as a forward-looking way to address the substantial and growing needs of a changing workforce. It still is.

Regardless of the conundrums facing workers, our Texas employee rights attorneys may be able to help. Reach out to us for a free review of the facts of your employment challenges. Click here to get the conversation started contact Kilgore & Kilgore or call us at (214) 969-9099. We look forward to speaking with you.