Texas Man Sues Hagemeyer North America for Age Discrimination in Employment
PUBLISHED BY: LFN Primary
Austin, TX (Law Firm Newswire) January 27, 2015 – A Texas man has filed a lawsuit against his former employer, claiming that he was fired because of his age.
Odell Hyden filed suit against Hagemeyer North America Inc., in the Houston Division of the Southern District Court of Texas.
“Age discrimination in employment is prohibited by both federal and Texas state law,” said Gregory D. Jordan, an Austin employment attorney with the Law Offices of Gregory D. Jordan, “but its proof often requires circumstantial evidence. Employers sometimes try to disguise age discrimination by alleging that a long-term productive employee is suddenly no longer performing well.”
According to the complaint, Hyden, who was 80 years old when his employment was terminated, had worked as a salesman in the offshore industry for the same company for more than 50 years, though the company changed ownership during that time. Hyden says that he was successful in his position until he was “abruptly” terminated by Hagemeyer, allegedly for poor performance.
Hyden claims that he was fired because of his age, and that company representatives made ageist comments, such as asking when he was going to retire. Hyden claims that he complained about the harassment based on his age, and that the company retaliated by firing him. The lawsuit claims that although Hagemeyer cited poor performance in terminating Hyden’s employment, no similarly situated employee had been terminated for similar performance. “A jury will likely have the opportunity to determine who is telling the truth,” noted Jordan.
The lawsuit claims that Hagemeyer violated the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act.
Hyden is suing for past and future lost earnings and benefits, emotional pain and suffering, exemplary damages, and attorney’s fees, along with other relief. A jury trial is demanded.