Worker claims he was fired after making complaints to Labor Dept.

Andrea Dearden Feb. 15, 2012, 12:41am

A Collinsville man says he was fired from his job with a gutter company after reporting his employer was failing to pay workers properly.

Adam Embrey filed a lawsuit Feb. 8 in Madison County Circuit Court against Metro East Guttering Inc. and Corey Jones.

According to the complaint, Embrey worked for Metro East in September 2009 when he questioned the payment procedures of the company. Embrey says he reported his concerns to Jones, his supervisor. Embrey says he also reported the deficiencies to the U.S. Department of Labor.

The allegations made by Embrey against Metro East Guttering included failure to pay employees, time deducted for meals when no meal break was provided and failure to pay employees for drive time to and from work sites. Embrey also alleged Metro East failed to provide equipment necessary to keep workers safe on the job.

Embrey claims he was fired in February 2010 in retaliation for reporting the alleged illegal activities by the company. He accuses Metro East of wrongful termination and of violating the federal Fair Labor Standards Act as well as Illinois' Health and Safety Act.

Embrey also contends he was told by Jones that he would not be allowed to file for unemployment compensation benefits if he were laid off due to seasonal employment, a violation of Illinois' Unemployment Insurance Act.

Embrey is asking for more than $200,000 in damages for lost wages and benefits plus court costs.

Attorneys Michael J. Brunton and Mary M. Stewart of Collinsville are representing him.

Madison County Circuit Court Case No. 12-L-189

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