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Former Tuesday Morning CEO Files Dallas Discrimination Lawsuit After Firing Following Breast Cancer Diagnosis

DALLAS, May 17, 2013 /PRNewswire/ -- The former CEO of Dallas-based closeout retailer Tuesday Morning Corp. (NASDAQ: TUES) has filed a discrimination lawsuit under provisions of the Texas Commission on Human Rights Act after she was fired last year within months of revealing her battle with breast cancer.

Dallas attorney Rogge Dunn of Dallas' Clouse Dunn LLP filed the lawsuit on behalf of Kathleen Mason, who led Tuesday Morning to 12 consecutive years of profitability before she was fired during a phone call last June. The company confirmed in writing that Ms. Mason was not fired for cause. The lawsuit, Kathleen Mason v. Tuesday Morning Corporation, No. 13-02863-E, was filed May 16, 2013, in Dallas County Court at Law No. 5.

" Kathleen Mason did more than any employee in Tuesday Morning's history to promote the company and make sure it was financially strong, but she ended up getting fired over the phone soon after telling board members that she was battling breast cancer," Mr. Dunn says. "Our hope is that this lawsuit will hold Tuesday Morning accountable for discriminating against Kathleen based on assumptions about her ability to do her job despite her demonstrated effective leadership."

Mr. Dunn says the lawsuit also is a wakeup call to all companies that mistakenly regard someone with cancer as having a disability.

The lawsuit details Ms. Mason's incredible run of success at Tuesday Morning, including growing the company from 400 to 800 stores, helping Tuesday Morning remain profitable following the prolonged worldwide economic downturn of 2008, and leaving the company with no long-term debt. She was named the 2010 Texas Businesswoman of the Year by the Women's Chamber of Commerce of Texas.

The complaint says Ms. Mason was treated differently by the Tuesday Morning board of directors after revealing her breast cancer diagnosis in the spring of last year, even though she continued to work full days and successfully performed her duties. Only three months after the company awarded her a new contract that boosted her salary by $50,000, awarded 200,000 stock options and other substantial performance incentives, Tuesday Morning fired her without warning.

Rogge Dunn handles business, employment and intellectual property matters for individuals and companies throughout the United States. He has tried cases to verdict in five states and obtained more than $1 billion in settlements and judgments for his clients, including million-dollar awards in California, Texas, Louisiana and Arkansas. For more information about Rogge Dunn, visit or email him at

For more information on the Tuesday Morning lawsuit or to speak with Mr. Dunn, please contact Mark Annick at 800-559-4534 (office), 214-213-1754 (mobile) or

SOURCE Clouse Dunn LLP

Copyright 2011 PR Newswire. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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