Mc-OO answers wrongful termination oil cleanup suit

By David Yates | Oct 10, 2011

Mc-OO recently answered a suit filed by three gulf oil cleanup workers claiming they were fired for refusing to disobey federal guidelines.

As previously reported, plaintiffs Steve Clayton, Roger Dowers and Dewey Woods filed suit against USA Environment, Trim Safety Solutions and MC-OO on Dec. 2 in Jefferson County District Court.

Court records show USA Environment contracted with MC-OO to work on the Gulf Coast clean up of oil from the April explosion of the Deepwater Horizon rig.

In order to assist in the cleanup, the Occupational Safety and Health Association requires companies to complete its Hazardous Waste Operations and Emergency Response program.

The plaintiffs claim they were fired for refusing to perform the work without the federally required training, court papers say.

On July 26 Mc-OO answered the suit, asserting a general denial of plaintiffs' claims.

The company asks that the plaintiffs take nothing and pay for its legal costs.

Earlier this year, on Feb. 22 Mike Nalcpa, vice president of USA Environment, filed an affidavit in support of his company's motion to transfer venue.

In his affidavit, Nalcpa says his company did not contract with the plaintiffs and has no office in Jefferson County.

The motion to transfer venue was filed Dec. 21, court records show.

According to the plaintiffs' suit, MC-OO did not want to spend the money or waste the time to have its employees trained and certified. Wyman Ogden, owner of MC-OO, obtained false certificates of completion for his employees from Allen Trim, owner of Trim Safety.

The terminated employees are suing for exemplary damages and seek to recover back and future pay.

The plaintiffs are represented by attorney Anthony Malley III of the Beaumont law firm Moore Landrey.

Mc-OO is represented by the Beaumont Law Offices of Gilbert T. Adams.

Judge Donald Floyd, 172nd District Court, is presiding over the case.

Case No. E188-910

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