FedEx, former employee spar over motion to dismiss

By John Suayan, Galveston Bureau | Nov 4, 2013

HOUSTON - The parties in a recent lawsuit alleging FedEx Corp. fired a 16-year employee because of his race are at odds over the company's motion to dismiss.

As previously reported, Houston resident Roddie Morgan sued FedEx in late August on claims it disciplined him for an unexcused absence he insists he never knew about.

Morgan says the purported dismissal occurred a day after he marked his 16th anniversary with the defendant, adding the move was in retaliation for his objection to an ethnic slur.

He insists the respondent favored its white employees, even replacing him with a Caucasian individual.

Meanwhile, FedEx countered with the aforementioned motion, which was entered into the suit Sept. 17, saying it did not employ the complainant nor the superior he accused of uttering the epithet.

The five-page document further explains that Morgan failed to list a single allegation that any of its workers "engaged in any intentional discrimination against" him.

"Instead, the complaint allegations all pertain to FedEx Express employees," it says.

"Since Morgan did not assert facts to allege that FedEx Corp. intentionally discriminated against him, his complaint fails to state a claim against FedEx Corp."

In his reply to the motion, the plaintiff labeled FedEx's arguments as moot "in that it incorporates several facts and issues outside the four corners of the complaints."

Attorney Angela N. Prince of Ogletree, Deakins, Nash, Smoak & Stewart PC in Houston is representing FedEx.

Case No. 4:13-CV-2464

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