Eldercare worker says she was fired after filing work comp claim

Kelly Holleran Jan. 5, 2010, 2:50am

A woman says a nursing home wrongly fired her after she filed for workers' compensation.

Tracy Perkins filed a lawsuit Dec. 22 in St. Clair County Circuit Court against Eldercare doing business as Calvin Johnson's Nursing Home.

Perkins claims she sustained injuries while working for the company and subsequently notified the nursing home of her intent to file workers' compensation.

However, Eldercare terminated Perkins on Oct. 22, according to the complaint.

"That the aforesaid discharge, termination, refusal to recall or rehire by the Defendant was wrongful and in retaliation for the exercise by the Plaintiff of her legal rights pursuant to the Illinois Worker's Compensation Act and was in violation of the policy expressed in Section 4(h) of said Act," the suit states.

Because of her termination, Perkins has been deprived of her employment, has suffered lost income and benefits and has sustained injury to her reputation, according to the complaint. In addition, she sustained mental anguish, the complaint says.

In the two-count suit, Perkins seeks a judgment of more than $100,000, plus costs.

Daniel K. Juncker of Belleville will be representing her.

St. Clair County Circuit Court case number: 09-L-684.

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