A Madison County woman claims Wal-Mart wrongfully terminated her after she sought workers' compensation benefits.
Diana King filed a lawsuit on April 21 in Madison County Circuit Court against Wal-Mart Stores, citing negligence over a 2011 incident and wrongful termination in 2013.
According to the complaint, on Sept. 27, 2011, King, employed by the defendant in its Collinsville store bakery, slipped and fell on a freshly mopped floor and injured her back. She filed for workers' compensation on Aug. 2, 2012, and was terminated by the defendant on Aug. 19, 2013, the suit states.
King alleges she had been scheduled for surgery in mid-September 2013, and Wal-Mart was aware of her plan at the time of her firing. However, King was later accused of stealing cakes for family and friends by store personnel on Aug. 15, 2013.
The plaintiff alleges her termination was causally related to her workers' compensation claim, and that she was fired in retaliation. She says Wal-Mart’s claim of theft was bogus, and the defendant acted with fraud, malice and gross negligence.
King seeks punitive damages of up to $75,000, plus attorney fees and costs. She is represented by attorney John Leskera of Leskera Law Firm in Collinsville.
Madison County Circuit Court case number 15-L-492