BELLEVILLE — A restaurant server alleges his former employer did not rehire him in retaliation for filing a workers' compensation claim.
Joseph Loeza worked for a linked company before being transferred to Tequila in Columbia in 2014, where he was employed as a server.
According to a complaint filed in St. Clair County Circuit Court on Nov. 11, Loeza "performed all the terms, conditions, and requirements of his position in a satisfactory manner and received positive, periodic, employee surveys."
Then, on June 21, 2018, the plaintiff suffered an injury at work when he slipped and fell. He was diagnosed and treated for a "significant torn cartilage knee injury."
In late August, Loeza filed a workers' compensation claim, then had surgery and physical therapy before being released for full duty work.
"Defendant received a return to work form and request by plaintiff to return to work, but defendant has refused to call him back to work," according to the complaint.
The suit, in support of the plaintiff's argument, cites a provision of the Illinois Workers Compensation Act that "it shall be unlawful for any employer to... refuse to rehire or recall any worker in retaliation for filing a Workers' Compensation claim."
It is alleged the defendant's failure, or refusal, to bring the plaintiff back to work is a violation of the "clearly mandated public policy of the State of Illinois." Loeza, as a result, has lost income and benefits, and suffered emotional distress and damage to his reputation, the suit claims.
Loeza, who is represented by Michael L. McGlynn of McGlynn & McGlynn of Belleville, is seeking more than $50,000 in damages.
St. Clair County Circuit Court case number 2019-L-791