Truck drivers file lawsuit claiming age discrimination

By Michelle Massey, East Texas Bureau | Jan 24, 2011

SHERMAN - In an attempt to be reinstated to their former positions, several truck drivers have filed an age discrimination lawsuit against a Plano company. The men argue that they did not lose their jobs because they falsified their time logs, but because of their age.

Claiming violations of the Age Discrimination in Employment Act, Spencer Kevin Weddle, James E. Farley, Gary F. Phillips, Michael Grimes and Brian Bull filed suit against Safety-Kleen Systems Inc. on Jan. 12 in the Eastern District of Texas, Sherman Division.

Prior to their termination, the plaintiffs were over the road truck drivers and hauled hazardous materials for Safety-Kleen for a combined 68 years of employment.

According to court documents, the men were terminated for falsifying time logs while younger employees with the same violations were retained. The men argue that they were following the instructions of their Safety-Kleen management on how to keep the log books and how to make their driving runs on the defendant's schedule.

The plaintiffs are asking for an award of lost wages and benefits, back pay and front pay, liquidated damages, compensatory damages for emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, punitive damages, interest, attorney's fees and court costs.

The plaintiffs are represented by Joseph H. Gillespie of Gillespie, Rozen & Watsky in Dallas. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00017

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