City defends settlement dispute with current city employee - KCBD NewsChannel 11 Lubbock

10/12/10

City defends settlement dispute with current city employee in federal court

Martha Ellerbrook Martha Ellerbrook

LUBBOCK, TX (KCBD) - After the City of Lubbock refused to settle with a city employee back in January over a retaliation lawsuit, the city defended itself in federal court on Tuesday.

Martha Ellerbrook claims she was passed over for a job in retaliation for helping her husband Terry Ellerbrook in a lawsuit against the city. Martha seeks back pay for a job the city says no longer exists.

Court is recessed now until Wednesday morning, but on Tuesday, Martha Ellerbrook took the stand. She is seeking three years back pay for the water programs coordinator job she applied for in 2007, but didn't get.

She is asking for a total of more than $200,000, plus about $40,000 to match the retirement she would have received. Terry, now the Director of Solid Waste, sued the city back in 2006 for retaliation and discrimination claims after wrongful termination, the city later settled out of court for around $250,000.

In March of 2010, Martha was hired by the city as Director of Animal Services. This lawsuit was filed long before she was hired for that position.

The City Manager, Lee Ann Dumbauld took the stand and says more than 20 people also applied for the same job. Dumbauld says Martha was one of three finalists and they hired a consultant group to use a scoring matrix to pick the final candidate, because the person hiring was involved in litigations against Terry Ellerbrook.

On February 16, 2007, Martha received a letter stating she didn't qualify as Water Programs Coordinator, a position the city terminated in June 2010. The exact same day she was told she didn't get the job, ironically, her current position opened. At the time, Martha said she couldn't find a job.

We will have more from this trial as it continues. It is expected to last no more than four days.

(CLICK HERE) to read an 8-page summary of the case including stipulated facts and disputed facts.

Copyright 2010 KCBD.  All rights reserved.

  • Local News on KCBD.comNewsMore>>

  • US general says illegal nuclear launch order can be refused

    US general says illegal nuclear launch order can be refused

    Saturday, November 18 2017 6:09 PM EST2017-11-18 23:09:48 GMT
    Sunday, November 19 2017 5:21 AM EST2017-11-19 10:21:55 GMT

    The top officer at U.S. Strategic Command says an order from President Donald Trump or any of his successors to launch nuclear weapons can be refused if that order is determined to be illegal.

    The top officer at U.S. Strategic Command says an order from President Donald Trump or any of his successors to launch nuclear weapons can be refused if that order is determined to be illegal.

  • Moore critic: Alabama Senate race a battle for nation's soul

    Moore critic: Alabama Senate race a battle for nation's soul

    Friday, November 17 2017 11:39 PM EST2017-11-18 04:39:35 GMT
    Sunday, November 19 2017 5:20 AM EST2017-11-19 10:20:58 GMT

    GOP Senate candidate Roy Moore's wife is standing by her embattled man, and she has gathered other Alabama women to his cause _ but not everyone is sticking with him.

    GOP Senate candidate Roy Moore's wife is standing by her embattled man, and she has gathered other Alabama women to his cause _ but not everyone is sticking with him.

  • Why some people just can't wait to decorate

    Why some people just can't wait to decorate

    Sunday, November 19 2017 2:01 AM EST2017-11-19 07:01:19 GMT
    Sunday, November 19 2017 2:01 AM EST2017-11-19 07:01:19 GMT

     Emotionally, jumping ahead on decking the halls could be a positive thing, some psychologists say. It’s all about retrieving fond childhood memories.

     Emotionally, jumping ahead on decking the halls could be a positive thing, some psychologists say. It’s all about retrieving fond childhood memories.

Powered by Frankly