Madison street worker claims retaliatory discharge

Kelly Holleran Sep. 4, 2008, 8:20am

A street department worker and humane officer has filed a wrongful termination complaint against the City of Madison and John Hamm III, claiming he was fired for exercising his right to claim worker's compensation and was not offered light work after his injury.

According to a suit filed Sept. 3 in Madison County Circuit Court, Donald Wilson claims he had worked for the city for 21 years, performing numerous jobs including lifting and moving heavy items, animal carcasses and other jobs.

He claims he severely injured his back in 2005 after lifting a large animal carcass.

He claims after he reached the maximum medical improvement, he was released to work with restrictions.

He claims he was fired Dec. 12, 2007, in retaliation for filing a worker's compensation and for making a claim for sick leave pay.

He also claims Hamm did not want to offer Wilson work within his restrictions, but had authorized light duty for other city employees in the past.

"Plaintiff was told there was no light duty available for him," the complaint states.

He claims he has suffered damages, including a loss of hourly wages, health insurance, benefits and seniority.

In the two-count suit, Wilson is seeking a judgment in excess of $100,000.

He is represented by Morgan Scroggins of Scroggins Law Office.

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