CPS Energy spokesman claims he was wrongfully terminated for not turning over medical info to utility security staff

SAN ANTONIO – A former bilingual communications specialist with CPS Energy fired ultimate 12 months for failing to cooperate with an investigation into his conduct at paintings mentioned he was merely following directions from the utility’s human sources division.

Ruben Betancourt, who labored for CPS from January 2022 till he was fired on July 7, 2022, declined to give you the corporate’s security workforce with a listing of his prescribed drugs after an incident at its headquarters in overdue April 2022.

Betancourt, who in accordance to information had lately passed through an emergency appendectomy, mentioned he confirmed up at paintings for the utility’s per month board assembly and out of place his security badge after coming into the development.

“Still feeling a little off, a little bad,” mentioned Betancourt, who was prescribed ache drugs after the surgical procedure and in addition takes drugs for a recognized psychological well being sickness.

Betancourt mentioned after misplacing his badge, which was later discovered, CPS Energy security operations staff started to query his conduct.

“It was an odd situation because it seemed like there was suspicion put onto me for losing my badge when all I was trying to do was find it,” mentioned Betancourt.

Betancourt summoned to HQ for investigation

Betancourt mentioned he was summoned to CPS Energy headquarters the next day and wondered via security.

He mentioned the questions consisted of asking what drugs he was taking, the interactions between those drugs in addition to questions on his psychological well being.

“I felt very uncomfortable and I just felt unqualified to answer. I felt like they were building this narrative. Just trying to insinuate that I was just inebriated, basically,” mentioned Betancourt.

CPS officers contend they exposed security video pictures appearing Betancourt at the day of the board assembly making an attempt to force into the corporate’s parking storage during the go out gate, information got via Investigates display.

Betancourt mentioned security staff steered him to flip over a listing of medicines prescribed to him however failed to supply some degree of touch with whom to flip in that information.

Betancourt instructed he then contacted CPS Energy’s human sources division.

“No, you don’t have to send it over to security. You’re going to work with me going forward. Work with me. Don’t provide them any information, especially since they’re asking for medical documentation. Everything on the medical side, you know, with our HIPAA laws,” the HR worker instructed Betancourt within the recorded telephone name.

Betancourt additionally recorded telephone conversations with security by which a staff member adopted up at the request for the listing of meds.

“Okay, so just to be clear, you know, gave you ‘til… giving you ‘til 5 o’clock today to provide that information, so are you just refusing to provide it or declining?” the security staff member mentioned within the May 2022 recording.

Betancourt instructed he was comfy offering the asked information to HR however not at once to the corporate’s security workforce.

Betancourt mentioned he ultimately despatched the listing of meds to HR and the corporate’s supervisor of occupational well being.

He additionally filed a proper criticism towards the security workforce, which was closed in June 2022 with none HIPAA or different coverage violations being discovered, CPS Energy information display.

Betancourt was put on administrative depart in early May 2022 however was authorized to go back to paintings after finishing fitness-for-duty forms that very same month, information display.

“I basically felt alone in this corporation.”

Betancourt mentioned he returned to a “cold, hostile” paintings atmosphere and perceived a number of indications that the corporate was going to ultimately terminate him.

“I basically felt alone in this corporation. I just felt like I was belittled. I was targeted. Nobody was there to vouch for me,” mentioned Betancourt.

Every week sooner than he was officially terminated, Betancourt mentioned his manager sat him down and gave him a protracted listing of labor tasks she mentioned he was dealing with incorrectly.

Betancourt instructed he had gained no earlier paintings evaluations or comments on how he was doing.

July 7, 2022, lower than two weeks sooner than Betancourt would have finished his probationary paintings duration, he was terminated.

He was fired for not being coming near near, fair or correct in his record to CPS Energy security, which led to an “escalated security concern” at paintings, his termination forms states.

Betancourt was additionally terminated for failing to safely carry out his paintings tasks, failing to safeguard his security badge and for failing to display cooperation throughout security’s investigation of him, Betancourt’s termination letter states.

“It was very impactful and hurt every aspect in my life and in my family’s life,” mentioned Betancourt, who added that he was terminated in a while sooner than getting married.

He instructed he misplaced his medical insurance coverage, filed for chapter, misplaced his car and skilled homelessness after his termination.

CPS Energy officers ultimate month declined a request for an interview on Betancourt’s termination, calling it a staff factor.

The utility has declined to hand over Betancourt’s staff report, claiming in a letter ultimate month to the Texas legal professional basic that the information is confidential, that the utility anticipates litigation within the case and that the asked information comprise legal professional paintings product.

What comes subsequent?

Last October Betancourt filed a criticism with the Texas Workforce Commission Civil Rights Division and the Equal Employment Opportunity Commission (EEOC) claiming CPS Energy had discriminated towards him due to a incapacity and wrongfully terminated him.

In a reaction to the allegations in January, an legal professional representing the utility mentioned Betancourt’s claims had been meritless and that at no level did he advise “anyone at CPS Energy that he had any ongoing medical condition or disability of any kind, nor did he request any type of accommodation,” the reaction states.

Betancourt had additionally misrepresented what human sources instructed him in regard to what information he wanted to supply as a part of the investigation into his conduct, the reaction states.

The reaction states that Betancourt exhibited abnormal and erratic conduct at paintings throughout the April 2022 incident throughout what was described as a “high-profile day for the company.”

The EEOC in August closed its investigation with out creating a choice on whether or not the corporate violated Betancourt’s rights and issued him a right-to-sue letter, information display.

To date, Betancourt has not filed a lawsuit towards CPS Energy and no criminal choice has been made in connection to his declare that the corporate wrongfully terminated him.

Betancourt mentioned part of the lawyers he’s reached out to have cited a battle of hobby as their explanation why for not taking over a case towards the utility.