Motiva seeks summary judgment in age discrimination suit

David Yates Feb. 8, 2012, 3:35am


Motiva Enterprises has filed a motion for summary judgment in an age discrimination suit.

Tyler resident Kurt Floersheim filed suit against his former employer, Motiva, on April 15 in Jefferson County District Court, alleging he was laid off so that two younger men could replace him.

Motiva filed its motion on Jan. 16, asserting that Floersheim did not timely file a complaint with the Texas Commission on Human Rights, which entitles the company to summary judgment.

No ruling on the motion is on file as of Feb. 6.

Court records show that a discovery control plan order was entered in the case on Oct. 13, calling for the case to be mediated by May 14, and also placing the litigation on the court's June trial docket.

The incident began on June 15, 2009, when Motiva informed Floersheim that he was being included in a reduction in force. He alleges that the day after he was laid off, Motiva hired two younger specialists to replace him.

"Defendant's selection process for its reduction in force resulted in the three oldest engineers being laid off (ages 50-65)," the suit states. "No process engineers under 40 were laid off."

Floersheim is suing for his emotional pain and lost wages.

Houston attorney Gregg Rosenberg represents him.

Motiva is represented by attorney Robert Hambright of the Orgain, Bell & Tucker law firm in Beaumont.

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

Case No. A189-793

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