Worker's lawsuit claims Texas City singled him out over 'minor' accident

John Suayan, Galveston Bureau Feb. 7, 2013, 12:58pm

GALVESTON - After the city of Texas City allegedly forced him to retire, Ernesto Martinez seeks damages from his former employer. 

A lawsuit filed Feb. 4 in the Galveston Division of the Southern Division of Texas claim the city reportedly made the move after Martinez got into an auto accident.

The defendant hired the plaintiff to its water department in July 2001.

Court papers state Martinez struck the side of a car on April 27, 2011, and was directed to choose between retirement or termination.

"Unbeknownst to the plaintiff, the day before the accident, the plaintiff’s employers checked plaintiff’s retirement day," the suit says.

Martinez, who is Hispanic, adds though the accident was minor, other employees of different races were not compelled to retire or resign after a similar incident.

He points out that two African American males and a man of Native American descent were involved in wrecks, but were retained.

The suit further shows three complaints were lodged against the complainant, however, he insists the accusations "were made up to accomplish" his termination or retirement.

Consequently, Martinez seeks unspecified monetary damages and a jury trial.

Attorney Anthony P. Griffin with A. Griffin Lawyers in Galveston is representing the plaintiff.

Case No. 3:13-CV-0031

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