Employee sues after losing his job due to error

By Michelle Keahey, East Texas Bureau | May 16, 2011

SHERMAN - An employee at the Kaiser Aluminum plant in Denison has filed an age and racial discrimination lawsuit against the company after he was terminated for making an error in marking products.

David M. Gray filed suit against Kaiser Aluminum Fabricated Products on May 5 in the Eastern District of Texas, Sherman Division.

Prior to his termination, Gray worked at the defendant's Denison plant for 19 years as a remount operator.

According to the complaint, on Feb. 3, 2010, Gray incorrectly stamped a series of metal logs with the wrong alloy number and the paperwork was approved by another remount operator. Two days later, Gray was terminated for the error, the suit states.

He alleges the other remount operator, who is younger than Gray, was not disciplined for the mistake. Further, Gray states that pursuant to union agreements, termination follows four write-ups and this was only his second write-up in the 19 years he was employed at the plant.

The defendant is accused of age and racial discrimination, unlawful employment practices and violations of Gray's civil rights.

Gray is seeking damages for mental anguish, punitive damages, attorney's fees, court costs and interest.

Gray is represented by Sherman attorney Ronald R. Huff. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:11-cv-00258

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