GALVESTON – A Harris County man alleges he was terminated shortly after his complaints of being reclassified as an exempt employee.
Thomas McNabb filed a complaint on Nov. 15 in the Galveston Division of the Southern District of Texas against Phillips 66 Pipeline LLC and Don Pirolo alleging that they violated the Fair Labor Standards Act and the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that beginning in 2014 during his tenure with defendants, he routinely worked more than 40 hours in a workweek without receiving proper overtime compensation. He alleges he was terminated on March 1 after he complained about the reclassification as an exempt employee and pay reduction. He alleges that because he was terminated early, he was deprived of his right and entitlement to pensions and employee benefits of more than $300,000.
The plaintiff holds Phillips 66 Pipeline LLC and Pirolo responsible because the defendants allegedly interfered with his right to attain pension and employee benefits.
The plaintiff requests a trial by jury and seeks an order allowing this action to proceed as a collective action, damages within the jurisdictional limits of the court, unpaid wages and overtime compensation, liquidated damages, cost of court and such other lawful and equitable relief. He is represented by Patrick B. Larkin of The Larkin Law Firm in Pearland.
Galveston Division of the Southern District of Texas case number 3:17-cv-00344