BENTON – A former employee of a coal company is suing over a claim that he was fired for seeking a workers' compensation claim.
Michael Allen Francescon filed the suit March 21 in Franklin County Circuit Court against The American Coal Company.
The plaintiff says he was fired by the defendant on Aug. 31, 2015. Before he was terminated, he was injured on the job and his injury required medical care and treatment, so he was unable to perform his duties as a compliance supervisor, according to the complaint.
The plaintiff allegedly filed a workers' compensation claim, and the suit asserts he was fired because of the claim. The suit further alleges that the defendant's actions were malicious and premeditated, asserting that the safety manager who interviewed the plaintiff regarding his injury told him he would be fired for pursuing a workers' compensation claim.
The plaintiff seeks $1.5 million in compensatory damages and $4.5 million in punitive damages plus court costs. He is represented by G. Patrick Murphy of Murphy & Murphy LLC in Marion.
Franklin County Circuit Court case number 16-L-10