Charles Hobson was employed by KRIV from 1990 to 2011 as a live truck operator, staff photographer and editor. According to Hobson, the station fired him because of his age. Fox Television Stations, Inc., Fox Entertainment Group and News Corp. are also named in the lawsuit.

Hobson claims that in 2009 he suddenly began receiving negative comments in his employment evaluations, as well as vague negative verbal remarks, after having received only positive or neutral comments in the 19 years previous. The complaint alleges that the station’s news director inserted negative remarks into Hobson’s evaluation without the input of his immediate supervisor. Hobson also said he was blamed for errors that were actually the result of inclement weather or computer breakdowns. Hobson claims he was the oldest or one of the two oldest of the 18 station employees who had job descriptions similar to his.

According to the complaint, the station had begun downsizing, targeting employees who had been hired before 2004 and therefore had larger pension and benefit packages. Hobson sued under the Age Discrimination in Employment Act (ADEA), which protects workers over 40 years old from discrimination, and the Employee Retirement Income Security Act (ERISA), which among other things, prohibits interference with employee benefit plans.

In the lawsuit, the plaintiff demands a jury trial and asks for damages for loss of wages, emotional pain and suffering and loss of enjoyment of life.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Charles Hobson, of Harris County, Texas, worked for KRIV from 1990 to 2011 as a live truck operator, staff photographer and editor. He claims that KRIV and co-defendants Fox Television Stations, Inc., Fox Entertainment Group and News Corp. fired him because of his age. The lawsuit alleges that Fox had been engaged in layoffs that disproportionately affected older employees of the station. According to the complaint, employees of the station that were hired before 2004 are participants in pension and benefit plans that are more extensive than those offered to newer employees.

Hobson claims in the lawsuit that in 2009, he began receiving vague, negative comments about his work performance. According to Hobson, in the 19 years previous, there had been no negative comments about his work performance. The lawsuit claims that the station’s news director added negative remarks to the 2009 performance evaluation written by his immediate supervisor, and that his 2010 evaluation was simply written by the news director and given to his immediate supervisor to present to Hobson, again with negative comments.

The lawsuit claims that the station’s news director made comments to Hobson that he “could have been better” or “could have done something different,” and other vague remarks. Hobson also claims he was disciplined for broadcast mistakes that occurred due to inclement weather and computer malfunctions.

According to the complaint, there are approximately 18 employees of the station who have similar job titles to Hobson’s, and Hobson was the oldest or one of the two oldest. The lawsuit claims that younger employees performed similarly to Hobson but did not receive the same negative remarks. According to the complaint, Hobson’s employment was terminated in January of 2011 and a younger employee was hired as his replacement.

The lawsuit, filed in the U.S. District Court for the Southern District of Texas in Houston, claims that the defendants violated the Age Discrimination in Employment Act (ADEA). The ADEA protects workers over age 40 from age-based discrimination. The plaintiff is also suing under the Employee Retirement Income Security Act (ERISA). Hobson previously filed a charge of age discrimination with the Equal Employment Opportunity Commission (EEOC) and the Civil Rights Division of the Texas Workforce Commission, which are procedural steps before litigation.

The lawsuit seeks a jury trial and damages for loss of past and future wages, as well as emotional pain and suffering, inconvenience and loss of enjoyment of life.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.