NEW YORK A former
employee of Sims Group USA Corp. who filed a lawsuit against
the company alleging wrongful termination, age discrimination,
retaliation and conversion has asked for a jury trial.
According to a tranche of legal
documents made public in the past week by U.S. District Court
in California, Rex Warner alleged that his role as a project
and facility manager at a Sims facility in Redwood City,
Calif., was terminated without cause July 24 because he
"complained to his supervisors about unsafe and unhealthy
working and environmental conditions at his place of
employment, which included the overloading of machinery used to
load material on ships at the Port of Redwood City and the
handling and disposal of environmentally hazardous material at
Sims Redwood City plant."
Warner claimed that he was
"immediately discharged even though there was no cause for such
action," and alleged that he also was deprived of unspecified
"tools and equipment" valued at $385,000 and said that the
company converted them to its own use.
Warners original lawsuit
was filed against "Sims Metal Management Ltd. aka Sims Group
Ltd." in Superior Court in Californias San Mateo County.
The case was moved to federal court after Sims filed for
removal, citing diversity jurisdiction. Lawyers for Sims also
stated that the company had been "erroneously sued" as "Sims
Metal Management Ltd. aka Sims Group Ltd." and clarified that
the correct name was "Sims Group USA Corp."
Lawyers for Sims filed a
response earlier this month to what they described as
Warners "unverified complaint," denying each allegation
and offering 23 affirmative defenses.
A spokesman for the New
York-based company said that it "does not comment on pending