HOUSTON – A lawsuit alleging a member of the Texas State Guard, Army Branch was terminated from his civilian job because he reported for Hurricane Harvey-related duty was disposed.
U.S. District Judge Vanessa D. Gilmore on July 18 issued an order dismissing Keith Ross’s suit against Apex Systems, L.L.C. and McKesson Corp. and sending the case to arbitration, recent Houston Division of the Southern District of Texas records indicate.
The suit, which was filed approximately four months ago, explained that Ross was discriminated against because of his military status when the defendants fired him from his contractual information technology job.
Ross said he informed his employers about his ordered deployment and went on his nearly two-week mission, stating he was terminated the day after his release from duty.
Initially a state district suit, the litigation was elevated to the federal level in April.
Apex filed a motion to dismiss and compel to arbitration shortly afterwards, asserting the plaintiff “executed a dispute resolution agreement providing that ‘any dispute arising out of or related to employee’s employment with, or termination of employment from, company” must be resolved via arbitration.’”
McKesson also submitted a motion to dismiss. Gilmore’s order denied it as moot, court records show.
Houston Division of the Southern District of Texas Case No. 4:18-CV-1267