Worker claims employer fired him over disability

A man has filed suit against his former employer, alleging it fired him due to his disability, even though it had accommodated his disability for the previous 11 years.

Elvis Slayton claims he was working for defendant Feralloy beginning on July 18, 1977, until he sustained a permanent disability in bilateral upper extremities on March 26, 1998. Beginning on Feb. 1, 2001, Slayton’s treating physician prohibited him from working more than 32 hours per week, according to the complaint filed April 4 in Madison County Circuit Court.

Feralloy agreed to accommodate Slayton’s restricted work hours and also modified the crane Slayton was operating, the suit states.

From Feb. 1, 2001, through Jan. 30, 2013, Feralloy allowed Slayton to work four days each week for eight hours each day, the complaint says.

On Jan. 17, Slayton learned that Feralloy was reducing the workforce and requiring all employees to work at least 40 hours per week plus overtime. He subsequently received a layoff notice on Jan. 30, according to the complaint.

“Defendant’s refusal to accommodate plaintiff’s work restriction of 32 hours a week operating under a modified crane constitutes unlawful discrimination against the plaintiff because of his physical
disability,” the suit states.

In addition to Feralloy, Slayton names Teamsters Local Union No. 688 as a defendant, saying it did nothing to prevent Feralloy from laying off Slayton, which constitutes unlawful discrimination.

In his complaint, Slayton is seeking a judgment of more than $200,000, plus attorney’s fees and costs.

He will be represented by John H. Leskera of Leskera Law Firm in Collinsville.

Madison County Circuit Court case number: 13-L-550.