“In the case at bar, Plaintiff suffered injury on August 2, 2010. Shortly thereafter, Defendant was made aware that Plaintiff had suffered an injury to his arm and would be at least temporarily unavailable for work. Plaintiff provided and continued to provide all relevant medical paperwork to his employer. Plaintiff further informed Defendant that he would be required to exhaust his accrued leave, and Defendant intentionally abstained from informing Plaintiff of his entitlement to FMLA leave. On September 8, Plaintiff was informed by his treating physician that he would be required to undergo a surgical procedure before returning to work. Plaintiff informed his employer, and then had the surgical operation performed on September 16. Although Plaintiff failed to specifically cite his right to leave under the FMLA, Defendant fails to dispute that Newcomb provided notice that he was in need of leave for a serious medical condition, or the anticipated timing and duration of such leave. On September 17, one day after the surgical operation and approximately one week after Plaintiff had exhausted his accrued leave, Plaintiff was terminated. The Court finds the timing between the two events sufficient to satisfy the causal prong of Plaintiff’s prima facie case.”

 

Newcomb v. Corinth School Dist., 2014 WL 1746066, at *6  (N.D. Miss. May 1, 2014) (Aycock, J.).

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Photo of Eric P. Dama Eric P. Dama

We asked Eric P. Dama, a Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide his open answers to a range of questions.  After reading, you will be more more versed with the advocacy that Mr. Dama affords.

1.

We asked Eric P. Dama, a Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide his open answers to a range of questions.  After reading, you will be more more versed with the advocacy that Mr. Dama affords.

1. What did you start practicing labor and employment law?

The prospect of representing another person’s interests and helping those who are going through the toughest and most stressful times in life really intrigued me.

2. What is the most important issue to you of being an advocate?

Giving my clients a voice.

3. Who is your favorite Supreme Court Justice?

Hugo Black.

4. What do you think is the most important part of a good case?

A likable client with a strong story to tell.

5. If you could write a new law, what would it do?

Not give companies so much leeway in dealing with terminating employees.

6. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

I worked as a Journalist and Newspaper Staff Writer at The University of Oklahoma.

7. Who is your favorite celebrity?

Barry Switzer.

8. What skills do you value as an employment attorney?

Empathy and patience.

9. What is your favorite food?

Any shell food.

10. What’s the best part of living in Dallas?

Family and friends!

Eric P. Dama is a Trial Attorney in the Dallas office of Rob Wiley, P.C.  He graduated summa cum laude from The University of Oklahoma with a bachelor’s degree in journalism in 2011.  Mr. Dama went on and received his law degree from Baylor University School of Law in 2014.