Kelly Holleran Jul. 31, 2014, 12:01pm

A railroad worker claims he was subjected to extreme punishment after he fell asleep while working.

Curtis R. Radick filed a lawsuit July 21 in the U.S. District Court Southern District of Texas-Houston Division against Union Pacific Corp., doing business as Union Pacific Railroad. 

In his complaint, Radick claims Union Pacific discriminated against him on the basis of his disability – alcohol dependence, which he claims was in remission.

Radick claims he was working for Union Pacific as an electrician July 7, 2013, when he was observed sleeping during his third shift in La Porte. After Radick passed a breath test and urinalysis the same day, he was placed on 60 days probation, according to the complaint.

However, the director of Houston’s locomotive facility wanted to place Radick on a termination pending investigation, claiming Radick had brought personal items for sleeping, plus had utilized company assets and utilities to facilitate an indifference to duty, the suit states.

Radick’s union fought for him and was able to negotiate an agreement in which he was placed on 18 months of probation, no road truck position for 18 months and restriction to the Houston Diesel Shop, the complaint says.

In his lawsuit, Radick claims he was denied his job position, even after a doctor cleared him to return to work and suffered lost overtime. He also suffered mental anguish and emotional distress and humiliation, according to the complaint. He lost his enjoyment of life, wages and benefits, the suit states.

Radick is seeking a declaration that Union Pacific’s conduct was in violation of his rights. He also seeks back pay, compensatory damages, special and nominal damages, costs, attorneys’ fees and other relief the court deems just.

He is being represented by attorney Keith Lovelace of the Law Offices of Keith Lovelace in Houston.

U.S. District Court Southern District of Texas Houston Division case number 4:14-cv-02075.

This is a report on a civil lawsuit filed at the U.S. District Court Southern District of Texas Houston Division. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

More News