Former Carriage Services employee says he was fired after wife stricken with cancer

Carol Ostrow May 21, 2015, 9:44am


A man brought a lawsuit against a Liberty County funeral business for alleged unlawful employment practices in 2013.

Joe Don Raiborn filed a complaint against Carriage Services Inc. of Dayton in the Houston Division of the Southern District of Texas May 19, claiming discrimination and wrongful termination in September 2013.

The plaintiff was hired by the defendant in late August 2009 as a managing partner, funeral director and embalmer. During his tenure there, the suit states that he maintained an excellent performance record.

Raiborn received medical coverage for himself and his wife through his employer’s medical insurance. According to court documents, shortly after Raiborn informed Carriage Services that his wife had been diagnosed with cancer in August 2013 the company terminated him on Sept. 16, 2013.

The complaint states that Carriage Services’ actions resulted in damages to Raiborn’s career potential and earning capacity. Citing violation of the Americans with Disabilities Act, humiliation, mental anguish and suffering, Raiborn seeks compensation for lost wages and benefits, including Social Security benefits.

The suit states that because reinstatement is unfeasible, Raiborn requests front pay and retirement benefits.

The plaintiff also requests that the defendant preserve and maintain all evidence pertaining to the case, including electronically stored data and any video surveillance or security footage.

Seeking compensatory and punitive damages, back and front pay, pre- and post-judgment interest, attorney’s fees, expenses, and costs, the plaintiff is represented by attorney Scot Clinton of The Clinton Law Firm in Houston.

Houston Division of the Southern District of Texas Case 4:15-cv-01355

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