Pro se excavation worker claims wrongful termination

Kelly Holleran Jan. 26, 2009, 7:56am

A Madison County man claims he was wrongfully fired from his job at L & L Trucking & Excavating after filing a workers' compensation complaint.

Louis C. Peach was terminated from his job on Jan. 19, 2007, after seeking workers compensation for a shoulder injury he obtained while installing a sewer line for Staunton, according to the complaint he filed Jan. 21 in Madison County Circuit Court.

"Defendant had no legitimate reason for Plaintiff's termination other than his exercise of worker's compensation benefits, and Plaintiff was terminated at the end of the work shift after notification of injury the second time first being in the am of January 19, 2007," the suit states.

In addition to L & L Trucking & Excavating, Brad and Brenda Varwig are named as defendants in the suit.

Because of his termination, Peach claims he incurred lost wages, lost benefits, loss of wage enhancements and promotional opportunities and has been deprived of retirement benefits.

He also experienced emotional harm and distress, according to the complaint.

Peach is seeking a judgment sufficient to provide him with lost wages, damages and his loss of future earnings and other relief the court deems just.

He is representing himself.

Madison County Circuit Court case number: 09-L-0042.

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