Worker claims retaliatory discharge after report to OSHA

By The Madison County Record | Mar 31, 2014


A man has filed suit against his former employer, alleging he lost his job after suffering from cardiac injuries and taking time off work.

Richard Clark Jr. filed suit March 20 in the St. Clair County Circuit Court against Golden State Foods Corporation.

According to the complaint, Clark was working for the defendants on Feb. 25, 2013, when he received a shock while operating a gas pump and filling up a tractor trailer. According to the complaint, Clark told his supervisors he was going to report the condition of the pump and the wiring to OSHA, but the company's safety director Mark Sanchez told him not to do so.

Following the incident, Clark filled out an OSHA form and reported the condition, the suit states. After Clark filed the complaint, his supervisors at Golden State Foods Corporation continually harassed him and made his job more difficult, the complaint says.

This course of conduct included singling out plaintiff's work performance and harassing plaintiff when other similarly situated were not harassed, the suit states.

In August, Clark claims he suffered a cardiac event that required medical evaluation. He was placed on short-term disability until September due to his condition, according to the complaint. In late September, Clark was able to return to work, but was not allowed to return and was terminated for alleged falsification of medical documentation, the suit states. However, Clark contends he did not falsify any documentation and that he was terminated in retaliation for reporting issues to OSHA.

Clark is seeking a judgment of more than $50,000. He is being represented by Daniel R. Price of Wham and Wham Attorneys in Centralia.

St. Clair County Circuit Court case number 14-L-232.

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