Madison - St. Clair Record

Monday, February 24, 2020

Former rail worker alleges he was terminated due to his age

By Molly English-Bowers | Feb 20, 2016


EDWARDSVILLE – A rail worker is suing over an alleged wrongful termination from his job.

Michael Hensler filed the suit Feb. 10 in Madison County Circuit Court against Amsted Rail Co. Inc./ASF-Keystone Inc. and Matt Ferguson, citing age discrimination under the Age Discrimination in Employment Act, retaliation for reporting the discrimination under the ADEA, age discrimination and retaliation under the Illinois Human Rights Act, disability discrimination and retaliation under the Americans with Disabilities Act, the same as they pertain to the IHRA and two other counts.

According to the complaint, Hensler was 64 years old at the time of the termination from the defendant's employment. The suit states he was qualified for his position and was able to perform all essential functions of his job. He was replaced, the lawsuit states, by a worker younger than 40.

Before he was terminated, the suit says the plaintiff was subjected to a hostile work environment, harassment and discrimination because of his age.

Because of the alleged wrongful termination, the plaintiff has suffered loss of wages and fringe benefits, emotional distress, pain and suffering, loss of enjoyment of life and other losses.

He seeks at least $50,000 for each count, attorneys' fees and other relief the court deems appropriate. He also seeks pre- and post-judgment interest. He is represented by Michael J. Brunton and Mary M. Stewart of Brunton Law Offices PC in Collinsville.

Madison County Circuit Court case number 16-L-192

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Brunton Law Office PC