MARSHALL - A day-shift worker has filed an age discrimination lawsuit that claims he was constructively terminated when he was placed back on rotating shift work.

Max Wallis filed suit against Eastman Chemical Co. on Nov. 26 in Harrison County District Court. The defendant removed the case to the Eastern District of Texas, Marshall Division.

According to the suit, Wallis was employed by the defendant for approximately 42 years before his constructive discharge.

Prior to his demotion in April 2011, Wallis had worked for 15 years as a day shift furnace operator and a maintenance coordinator. When Wallis was demoted in April, he was told that his position was being consolidated with another position and Wallis would need to apply for it. Wallis was not chosen for the position but was told he would have to return to rotating shift work.

According to the lawsuit, he performed his new job duties until August 2011 when he suffered a heart attack. Wallis’ doctor advised him not to return to work due to the stress of shift work. Wallis retired in March 2012.

The defendant is accused of age discrimination.

The plaintiff is seeking an award of damages for lost wages and benefits, front pay and benefits, mental anguish, exemplary damages, attorney’s fees, court costs, and interest.

Wallis is represented by Dallas attorney Stephen E. Hammel and Tyler attorney Douglas B. Welmaker. A jury trial is requested.

Case No. 2:13-cv-00030

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