Man says company wrongfully fired him for reporting sexual harassment

A man alleges he was terminated from his job after reporting sexual harassment he says he witnessed.

John E. Grisham filed a lawsuit Aug. 25 in the Tyler Division of the Eastern District of Texas against Baxano Surgical.

In his complaint, Grisham alleges he was discharged from his job Oct. 14, 2013, after he reported the conduct of a fellow employee who he believed to be sexually harassing females. "Less that 24 hours before Grisham's termination, he composed and sent an e-mail to Ken Reali, Baxano's CEO and president, detailing the inappropriate and sexually harassing behavior of (employee's name) toward subordinate Baxano female employees," the suit states. "Grisham believed (employee's) conduct violated the law by subjecting a subordinate employee to sexually demeaning and harassing behavior, and therefore, posed a huge liability to Baxano."

Before his job loss, Grisham received outstanding job performance reviews, according to the complaint. In addition, his territory ranked in the top three for total sales, the complaint says.

"Defendant Baxano's actions, conduct and practices, complained of herein, constitute purposeful retaliation for his opposition to discrimination," the suit states.

Because of his job loss, Grisham lost earnings and benefits, endured mental anguish and emotional trauma and suffered inconvenience, the complaint says. He also alleges he lost his enjoyment of life.

In his complaint, Grisham accuses Baxano of retaliatory discharge and intentional infliction of emotional distress.

He seeks a judgment for compensatory and punitive damages, plus costs, attorney fees, pre- and post-judgment interest and other relief the court deems just.

Eve L. Henson, of HensonKettles PLLC in Dallas, will represent him, and Jennifer W. Hilburn, of Hilburn & Hilburn in Shreveport, La., are of counsel.

Tyler Division of the Eastern District of Texas case number: 6:14-CV-717

This is a report on a civil lawsuit filed at the Tyler Division of the Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.