Suit alleges man terminated as act of retaliation

Kelly Holleran Feb. 3, 2011, 2:00am

An Orange County man claims his former employer terminated him in retaliation for filing a lawsuit against the company.

Brian Elliott filed a lawsuit Jan. 28 in Jefferson County District Court against Texas Workforce Commission and Young Contractors, also known as Knife River Corp. � South.

In his complaint, Elliott claims he began working for Young Contractors on Dec. 1, 2006. During the course of his employment, Elliott began to discover fraud the company committed against its customers and reported his findings to appropriate management officials, according to the complaint.

In October 2009, Elliott reported the alleged fraud to the FBI and the U.S. Attorney's Office for the Eastern District of Texas, the suit states. After his revelation of the supposed fraud, employees at Young Contractors began retaliating against Elliott, the complaint says.

On Feb. 1, 2010, Elliott claims he informed Young Contractors that he intended to file suit against the company for its alleged retaliation against him. Before Elliott could file suit, however, Young Contractors fired him on Feb. 12, according to the complaint.

Elliott filed his current suit against the company in pursuit of his claim for unemployment under the Texas Unemployment Compensation Act, the suit states.

In addition to unemployment benefits, Elliott seeks attorney's fees, costs and other relief to which he may be entitled.

Mark C. Lazarz of Shellist, Lazarz and Slobin in Houston will be representing him.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A189-271

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