Contact me at markploftus@aol.com

Met with a client today to go over his retaliatory discharge case. Nice old southern guy, just trying to make a buck when he hurts himself at work. He promptly tells his boss, who assures him "they will take care of everything". So he leaves, gets medical treatment and ultimately learns he needs surgery. So he schedules the surgery. The night before, his HR person calls and tells him he "doesn't need surgery". My client, to his credit, tells her that with all due respect, he thinks his doctor knows better. Has the surgery. While recovering, realizes that his employer is paying him vacation pay and sick time. Under Illinios law, the employer is obligated to pay 66 2/3 of the wage while the employee is recovering from an injury - not dip into vacation pay etc. So my client calls and complains that he doesn't want those funds touched. They assure him this money will tide him over until those other funds arrive. Well, guess what? Other funds never arrive. The employer then allegedly[emphasis on allegedly because I haven't confirmed]forges his name to FMLA paperwork. Then, precisely 12 weeks to the day, fire him because he didn't comply with the FMLA reporting requirements. Kind of tough to comply with FMLA requirements when you aren't aware you had filed for FMLA.

I'm convinced my client is telling the truth but proving it may be hard. He is poorly educated and didn't commit anything to writing. Witnesses who could be helpful are clamming up because they are afraid they'll be fired.

I was concerned we didn't have enough to get past a Motion for Directed Verdict[where judge rules case can't go to jury because plaintiff hasn't proven prima facie case] but learned today of some discussions between my client and the employer that might get us there. This guy really got screwed around. Hopefully I can develop enough evidence to get punitive damages against these weasels.

As a final note, also learned that the employer allegedly screwed around any employee who got hurt at work and made noise about Workers' Comp. One former employee apparently was so pissed he came back to the place with a gun. Thankfully cooler heads prevailed and he went back home with no incidents. Not really sure I necessarily want that guy as a witness...