Injured Mars worker files retaliation suit against candy maker

WACO, Texas (KWTX) - A former employee at a Waco candy-manufacturing plant who was hurt on the job two years ago is suing the company for discrimination and retaliation after he was fired while undergoing treatment for his injury.

Brian Roberts, 60, of Aquilla, is seeking unspecified damages in his lawsuit, filed Wednesday in Waco’s 170th State District Court against Mars Wrigley Confectionery US.

The Mars plant in Waco, 1001 Texas Central Parkway, touts itself as the world’s largest producer of Snickers, M&M’s and Skittles, and is one of Waco’s largest employers.

A Mars spokeswoman said Friday the company does not comment on pending litigation.

Roberts’ lawsuit says he was a senior maintenance technician and had worked at Mars four years as a “model employee.”

On Oct. 12, 2021, Roberts was doing routine maintenance on a Skittles pouching machine when he realized he needed more parts. As he was walking to the parts room, another employee flagged him down and said a “Fallas Automation case packer” was not working properly.

“Roberts, in an attempt to be helpful and performing his job function, attempted to repair the broken machine,” the suit states. “During the course of assessing the machine, an actuator on the machine suddenly and without warning grabbed Robert’s left hand that was resting on top of the machine and crushed it.”

According to the lawsuit, the machine had been out of service for years and only recently had been put back together and placed in service.

“However, unbeknownst to Roberts, during the machine’s reassembly, a crucial safety barrier was not replaced on top of the machine. Said safety barrier would have been exactly where Roberts’ left hand was resting on the machine and prevented his injury. The day following the incident, Roberts’ team lead and maintenance manager informed him that the safety barrier was placed back on the machine,” the suit alleges. “They further explained that the safety barrier was previously missing and if it had been on the machine then the accident would not have happened.”

Roberts filed a claim for health care services through Mars’ workers’ compensation insurance carrier, Liberty Health Care Network.

Roberts received continuous treatment on his hand from Oct. 12, 2021, to Oct. 25, 2021, the suit states. On Oct. 25, 2021, Roberts was “abruptly terminated from his employment at Mars Wrigley,” according to the lawsuit.

“As a result of defendant’s discriminatory treatment and retaliatory employment action against him, plaintiff has incurred damages for which the defendant must be held accountable,” the suit states.

Roberts is seeking damages for discrimination under the Texas Labor Code, which the lawsuit alleges prohibits companies from “discharging an employee or otherwise discriminating against an employee because the employee has filed a workers’ compensation claim in good faith.”

Roberts’ attorney, Ryan Johnson, said the case involves “textbook retaliation.”

“M&M/Mars may still have a plant here in Waco, but it’s being run by corporate heads in New Jersey who don’t care about workers here and certainly don’t share the same values as those in our community,” Johnson said. “This is textbook retaliation. A hard-working Wacoan is seriously injured on the job due to M&M/Mars failing to properly maintain its own equipment. Then, when he files a workers’ compensation claim, as is his right under the law, they fire him.  And this man had an impeccable work record.  That may fly in New Jersey, but not here in Texas. It’s illegal and M&M/Mars is going to pay.”