Whataburger sued over alleged tobacco surcharge
A former Whataburger employee from Ellis County has filed a class‑action lawsuit against the company, claiming it unlawfully charged higher health‑insurance costs to workers who use tobacco. Attorneys for Bobby J. Mitchell say she paid roughly $900 more per year under Whataburger’s employee health plan due to what court documents call an “unlawful tobacco surcharge.” The suit alleges the company violated the Employee Retirement Income Security Act (ERISA).