Carol Ostrow Aug. 5, 2015, 11:42am


A Harris County citizen is suing two companies on charges of civil rights violation, constructive discharge, and fraud in 2012 when he lost his job after alleged incidents of threats and racial discrimination.

Kenneth Callegari filed a lawsuit against Hayes-N-Hayes Transportation Inc. and Trinity Construction Materials Inc. in the Galveston Division of the Southern District of Texas on July 2, claiming negligence for threats dating to 2012 and wrongful dismissal.

The lawsuit states that Callegari worked for Hayes-N-Hayes starting in October 2012. The plaintiff alleges that he was retaliated against for filing valid police reports about two incidents of criminal conduct occurring on work site premises owned by Trinity, including assault with a loaded gun and threat of bodily injury from a Trinity employee named “Moe.”

According to the suit, Trinity subjected Callegari to discriminatory treatment, offensive language and threats on his life during his employment with Hayes-N-Hayes. The plaintiff avers that Moe would engage in derogatory conversations, then abruptly retrieve a loaded gun from his vehicle and point it at Callegari.

The complaint states that despite witnesses to the incidents, no action was taken to protect the plaintiff. Instead, the suit states, the defendant wrongfully penalized the plaintiff for reporting the behavior by firing him. Additionally, Callegari maintains that his employer misled him by indicating that he would be assisted, only to further disengage from the issue.

The plaintiff claims emotional pain, inconvenience and anguish, loss of earnings, benefits, consortium with family and enjoyment of life, and medical expenses.

Charging race discrimination, assault with a deadly weapon, and intentional infliction of emotional distress, Callegari seeks injunctive action, reinstatement, actual and exemplary damages, back pay, penalties, pre-judgment interest, attorney’s fees, expenses, and costs. He is represented by Lynne Jurek of the Jurek Law Group in Houston.

Houston Division of the Southern District of Texas Case 4:15-cv-01901.

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