Belleville Concrete sued for retaliatory discharge

Kelly Holleran Dec. 30, 2008, 9:31am

Kenneth D. Fournie has filed suit against Belleville Concrete Contracting Company, alleging he was wrongfully fired in retaliation for his assertion of legal rights against the company.

Kenneth Fournie worked at the company from June 1970 through Dec. 28, 2006, and was a 25 percent minority shareholder in it, according to the complaint filed Dec. 23 in St. Clair County Circuit Court.

He was a union teamster employee and vice president of the company throughout his employment with it, the suit states.

While working Aug. 7, 2006, Kenneth Fournie claims he slipped and fell four feet off a Belleville Concrete truck.

When he landed, he twisted his left knee, according to the complaint.

On the day he was injured, Kenneth Fournie gave Belleville Concrete notice of his injury and filed an Illinois Worker's Compensation claim, seeking payment of medical expenses, temporary total disability benefits and permanent partial disability settlement, the suit states.

That same year, in 2006, Kenneth Fournie and James Fournie, the president of Belleville Concrete, received notice they were adversaries in litigation their brother had filed against the company in which he sought accounting from James Fournie, Kenneth Fournie claims.

"That as a result, Plaintiff, Ken Fournie, seeks to enforce his rights of minority shareholder to see all of Belleville Concrete's financial books and records, and as a result of Plaintiff's filing of his worker's compensation claims against Belleville Concrete, and as a result of Kennth Fournie objecting to James Fournie's siphoning off of Belleville Concrete business, contracts and future business advantages to his wife's competing company, Plaintiff by letter sent to his counsel by James Fournie's counsel, dated December 28, 2006, was fired and discharged as an employee of the Defendant, Belleville Concrete," the suit states.

Because of his termination, Kenneth Fournie claims he was damaged by thousands of dollars due to lost wages and benefits.

He is seeking a judgment in excess of $50,000, plus costs.

Eric M. Rhein of Belleville will be representing him.

St. Clair County Circuit Court case number: 08-L-660.

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