Employee claims workers compensation claim resulted in termination

Michelle Massey, East Texas Bureau Jul. 19, 2010, 6:25am

MARSHALL-A field technician, who was injured in an automobile accident during his regular work duties, has filed suit against his employer for wrongfully terminating his employment after he filed for workers compensation benefits.

Donnie Nash filed suit against Landtel Communications and Rignet on July 5 in the Eastern District of Texas, Marshall Division.

The automobile collision occurred on May 22 when Nash was returning to the Texas office from his Louisiana job site. Nash states he requested a reimbursement for medical expenses related to the incident on June 4, however, instead of receiving the requested funds, his supervisor questioned the route Nash had taken to return to the Texas office.

By June 7, Nash's supervisor questioned Nash's whereabouts and he received notice by hand courier delivery that his employment with the defendants was terminated.

"Defendants discriminated against Plaintiff as a result of his filing a claim for workers compensation benefits by terminating his employment," the lawsuit states.

Nash accuses the defendants of failing to pay his rightful overtime compensation by their averaging the hours he worked over an eight hour week rather than paying the overtime rate for hours worked in excess of forty hours in a given week.

The defendants are accused of violating the Fair Labor Standards Act and violating the Texas Labor Code for wrongfully terminating the employment of anyone filing a claim for workers compensation benefits.

Nash is seeking more than $500,000 in damages for back pay, front pay, mental anguish, overtime pay for the preceding three years, liquidated damages, punitive damages, attorney's fees, expert fees, interest, and court costs.

Nash is represented by Lufkin attorney Warren T. McCollum of Fenley & Bate.

U.S. District Judge David Folsom is assigned to the case.

Case No. 2:10cv00222

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