Gonzaga v. Baker Hughes Inc
OPINION on Judgment. Gonzaga did not follow the administrative process, his claims are time-barred, and he presents no facts to support his claim that the severance release is void. Because of these manifold defects, he will take nothing. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
United States District Court
Southern District of Texas
Noel M. Gonzaga,
Baker Hughes, Inc.,
October 11, 2016
David J. Bradley, Clerk
Civil Action H-16-1702
Opinion on Judgment
A worker sues his former employer. He says he was rejected for more than
twelve promotions because of his age and ethnicity. He will take nothing.
Noel M. Gonzaga is a Filipino man who is over 40 years old. He was hired by
Baker Hughes Oilfield Operations, Inc., in 2006, laid off in September of 2009, hired
again in October of 2010, then laid off again in June of 2015.
Gonzaga says he was not promoted because of his age and ethnicity and in
retaliation for filing complaints. He argues that he was the most qualified for each
Gonzaga did not exhaust his administrative remedies. He admits that he never
filed a charge with the Equal Employment Opportunity Commission about the
discrimination and retaliation. To sue in federal court, he must have complained to the
Commission and received a right-to-sue letter. He did not.
Gonzaga's claims are time-barred. Assuming he had filed a charge with the
Commission, he could only complain about the previous 300 days. Nothing happened
in those 300 days. His suit is untimely.
Even if Gonzaga had followed the rules, his claims would fail. After being laid
off, he signed a severance agreement. In exchange for money, he promised not to sue
Baker Hughes for claims arising out of his employment.
Gonzaga says the release agreement is void because he was forced to sign it
because he wanted money. He did not have to sign it - he chose to because he wanted
money. No facts support his claim that the release is defective.
Gonzaga did not follow the administrative process, his claims are time-barred,
and he presents no facts to support his claim that the severance release is void. Because
of these manifold defects, he will take nothing.
Signed on October
at Houston, Texas.
Lynn N. Hughes
United States DistrictJudge
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