Lufkin Industries sued for allegedly firing employee who called in five minutes too late

LUFKIN - Lufkin Industries is being sued by a long-term employee who claims he was fired after he called in to work five minutes too late.

Delbert Floyd filed suit against Lufkin Industries Inc. on July 15 in the Eastern District of Texas, Lufkin Division. 

After approximately 36 years of employment with the defendant, Floyd claims he lost his job and was discriminated against because he missed time due to migraines.  On July 24, 2011, Floyd was terminated because he was five minutes late calling in, the lawsuit claims.

The defendant is accused of violating the Family and Medical Leave Act.

The plaintiff is seeking an award of damages for lost wages, lost benefits, mental pain and anguish, emotional distress, humiliation, embarrassment, punitive damages, liquidated damages, attorney’s fees and interest.

Floyd is represented by Alex A. Castetter of Stuckey, Garrigan & Castetter Law Offices in Nacogdoches. A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 9:13-cv-00209