Michelle Keahey, East Texas Bureau Sep. 17, 2012, 10:02pm

MARSHALL - A worker has filed a lawsuit that claims the real reason he was terminated was not because he was sleeping on the job but because he complained about racial discrimination in the workplace.

Lyndell Tally filed suit against Select Energy Services on Sept. 5 in the Eastern District of Texas, Marshall Division.

According to the lawsuit, Tally was hired by the defendant on May 3, 2011, and was terminated after he was accused of sleeping on the jobsite.

Tally claims he terminated for complaining about constant harassment and racial discrimination.

“Defendants are liable to Plaintiff for retaliatory discharge, both intentional and negligent infliction of emotional distress, defamation of character and slander under the Texas Tort Claim Act,” the lawsuit states.

The plaintiff is seeking an award of compensatory damages for mental anguish, pain and suffering, damage to his reputation, punitive damages, attorney’s fees and court costs.

Tally is represented by Michael L. Bernoudy Jr. of The Bernoudy Law Firm in Marshall. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:12-cv-00580

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