A Fannin County man is suing a rail company, alleging age discrimination.

Everett Melton filed a lawsuit Nov. 5 in the Sherman Division of the Eastern District of Texas against Progress Rail Services Corporation, a Caterpillar company, alleging age discrimination and violations of the Family Medical Leave Act.

The suit states Melton, 54, worked for Progress Rail at its Sherman location for approximately 10 years, from Feb. 28, 2005 to Jan. 23, 2015, at which time he was a production supervisor in the "frog" shop.  Melton went on medical leave in September 2014 while he underwent surgery for a hernia, the suit says.

After recovering and completing the company's mandatory drug and physical tests following the holidays, Melton returned to work Jan. 5, 2015.


On Jan. 23, the lawsuit states, he was called into a meeting with several of the company's managers who told him he was being discharged for showing favoritism, falsifying company documents, failing to use his supervisor training and showing no improvement in production. The suit says these allegations are false, and the plaintiff was not shown any evidence to support them.

The suit states the plaintiff was replaced by Jesse Gerard, about 38 years old, who had far less experience than Melton and who had been removed from previous supervisory positions for cursing at employees.

Melton seeks actual, punitive and liquidated damages, plus interests, court costs and attorney fees. He is represented by attorney Ronald R. Huff of Sherman.

Sherman Division of the Eastern District of Texas case number 4:15-cv-00778-ALM.

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