HOUSTON — A Houston man is suing a coffee supply business, alleging he was discriminated against due to his age and disability.
Darin White filed a complaint Aug. 28 in the Houston Division of the Southern District of Texas against Royal Cup Inc., alleging violation of the Americans with Disabilities Act, violation of the Family and Medical Leave Act and violation of the Age Discrimination in Employment Act.
According to the complaint White was hired by Royal Cup as a territory manager in April 2015 and was always an excellent employee, including being a member of the defendant's President's Club for sales excellence.
White said he had knee surgery during his employment and had to use 2 1/2 months of FMLA leave.
After returning to work, White allegedly was sent an email by his supervisor who said that he was not happy with his work and the plaintiff became concerned that the defendant was trying to fire him. The plaintiff said he was again reprimanded March 12, 2018, about a physical therapy appointment that he had scheduled. On April 4, 2018, White says went to work despite severe back pain.
The suit states White had sciatic nerve damage and he sent his doctor note to the defendants which indicated that he would be off work for three days. The plaintiff, 53 at the time, returned to work after FMLA on July 18, 2018, and was told that he was being terminated as a result of poor service. Because he was always a good employee, White alleges the reasons given by the defendant were not legitimate, and that the plaintiff was being retaliated against due to his condition and age.
White seeks trial by jury, the maximum of compensatory damages allowed by law, attorney fees, court costs, interest and all just relief. He is represented by attorneys Adam Poncio of Poncio Law Offices in San Antonio, and Darius Khosravian of DK Law in Sugar Land.
Houston Division of the Southern District of Texas case number 4:19-CV-03244