Madison - St. Clair Record

Wednesday, August 21, 2019

J.F. Electric asks court to throw out retaliation suit filed by former employee

Lawsuits

By Charmaine Little | Jun 22, 2018


EDWARDSVILLE — A company that is facing retaliation charges has asked the Circuit Court for the Third Judicial Circuit to dismiss the case altogether.

Jack Holshouser sued J.F. Electric, claiming that the company had retaliated against him by firing him after he submitted a worker's compensation claim, the Madison Record previously reported.

Holshouser worked for the company from late December 2015 to mid-March 2018. He was hurt on the job on Jan. 1, 2016 and filled out a compensation claim with the Illinois Worker's Compensation Commission the following August. 

In its response filed on May 10, J.F. Electric said that Holshouser came back to work “with permanent medical restrictions” in February 2017; however, the company denied wrongfully terminating him. 

“The employment decision was based on legitimate, non-discriminatory reasons unrelated to [the] plaintiff’s exercise of rights under the Illinois Worker’s Compensation Act, and [the] defendant would have made the same employment decision regardless,” J.F. Electric stated in its response.

The company also said that Holshouser’s lawsuit does not state a claim that can bring relief, as there’s no relation between Holshouser filing the worker's compensation claim and his termination.

J.F. Electric also said that Holshouser’s complaints are blocked by equitable defenses, and that he did not utilize valid means to cover any losses and damages filed in his lawsuit.

The company further argued that Holshouser's claims that he suffered physical, mental or emotional injuries are blocked, as they should be covered in the documents he submitted concerning the Illinois Worker’s Compensation Act.

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J. F. Electric Madison County Circuit Court

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