Humble man sues Lyondell Chemical, alleging discrimination, retaliation

By Robbie Hargett | Nov 10, 2015

A Humble man is suing his former employer, alleging age discrimination and retaliation.

Matt Bogenschutz filed a lawsuit Nov. 2 in the Houston Division of the Southern District of Texas against Lyondell Chemical Company, alleging age discrimination and illegal retaliation.

According to the complaint, Bogenschutz, 50, was employed by Lyondell for approximately 24 years, until Dec. 9, 2014, the last three years of which he served as a global process owner for capital administration and fixed assets, supervising 14 employees globally and overseeing a budget of over $1 billion.

The suit states during the 2014 budget cycle, William Allen, Lyondell's principal accounting officer, targeted older finance employees for termination, directing his subordinates to terminate older employees. One of these subordinates, Denise Bod, instructed Bogenschutz to place 64-year-old Larry Tompert on a performance improvement plan (PIP), which Bogenschutz refused, believing it would violate federal and/or state age discrimination laws, the suit says.

Bogenschutz informed a Lyondell human resources manager of his decision not to comply with placing Tompert on a PIP, and that he was being retaliated against for his opposition. Lyondell failed to conduct any substantive investigation of Bogenschutz's age discrimination and retaliation allegations, the suit says.

On Dec. 9, 2014, Lyondell terminated Bogenschutz over allegations he failed to comply with the company's travel expense policy. The suit says these allegations are false. As a result, the lawsuit states, the plaintiff has suffered substantial financial and economic harm.

Bogenschutz seeks declaratory judgment, an injunction against Lyondell, back and front pay and benefits, liquidated damages, interests, attorney fees and costs. He is represented by attorneys Dennis Herlong and Scott Newar of Houston.

Houston Division of the Southern District of Texas case number 4:15-cv-03223.

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