HOUSTON – A man alleges his Houston employers replaced him with a younger employee and treated him differently because of his age.
Simmie Stivender filed a complaint on Nov. 1 in the Houston Division of the Southern District of Texas against Granite Services International Inc. and General Electric Co. alleging violation of the Family Medical Leave Act and age discrimination.
According to the complaint, the plaintiff began his employment with the defendants in 2000 in Houston as a field engineer when he was older than 40. The suit states he was approved for FMLA for a period from September to November 2015 for heart surgery.
He alleges that when he was cleared to return to work, he was demoted and his field engineer position was filled by a younger worker. He alleges he has not been assigned or offered work by the defendants since February 2016.
The plaintiff holds Granite Services International Inc. and General Electric Co. responsible because the defendants allegedly subjected him to adverse employment actions and refused to reinstate him to his field engineer position.
The plaintiff requests a trial by jury and seeks actual and liquidated damages, pre- and post-judgment interest, court costs, attorney’s fees and all other relief to which he is justly entitled. He is represented by Shane A. McClelland and Luis Baez of Herbert & McClelland LLP in Houston.
Houston Division of the Southern District of Texas case number 4:17-cv-03320