Food worker claims retaliatory discharge

Kelly Holleran Apr. 15, 2009, 1:49pm

A former Morgan's Foods employee has filed suit against the company, claiming he was wrongly fired after filing for worker's compensation.

Tommy A. Loftis claims he was working for Morgan's Foods on June 20 when he was injured in an unspecified accident.

Because of his injuries, Loftis was unable to perform his duties and was temporarily disabled, according to the complaint filed April 14 in Madison County Circuit Court.

Loftis applied for workers' compensation, but was terminated from his employment on Dec. 12 in retaliation, the suit states.

"With the full knowledge of the Illinois Workers' Compensation Act, as cited, the defendant herein knowingly, willfully and wantonly and with a callous disregard for the rights of the plaintiff, discharged the plaintiff from its employment as punishment for his pursuit of his rights under the Illinois Workers' Compensation Act," the suit states.

Because of his firing, Loftis says he suffered a loss of income, loss of benefits, emotional distress, pain and suffering.

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

He is represented by Jon E. Rosenstengel of Bonifield and Rosenstengel in Belleville.

Madison County Circuit Court case number: 09-L-379.

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