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SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

UPS, TForce Freight worker alleges retaliation for filing workers' comp claim

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HOUSTON — A UPS Ground Freight and TForce Freight worker alleges he was fired for filing a workers' compensation claim after suffering an on-the-job injury. 

Gabino Cruz filed a complaint Sept. 14 in Harris County District Court against UPS Ground Freight Inc., and TForce Freight Inc., alleging workers' compensation retaliation. 

Cruz suffered an on-the-job injury on Nov. 12, 2019, while employed by the defendants and filed a workers' compensation claim, according to his complaint.  He alleges that on Nov. 25, 2019, he was terminated for "a pre-textual reason" in retaliation for filing the workers' compensation claim. 

Cruz claims that as a result of his being fired, he has suffered "substantial" economic losses and mental anguish. He further claims the defendants violated the Texas Labor Code by firing him because he notified them of his on-the-job injury and workers' compensation claim and not reinstating him. 

Cruz seeks monetary relief between $250,000 and $1 million, interest, trial by jury and all other just relief. He is represented by Josue Garza of Garza Aguirre PLLC in San Antonio. 

Harris County District Court case number 2021-59014

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