Madison - St. Clair Record

Friday, December 6, 2019

Carpenter alleges LDC Homes fired him because he filed workers' comp claim

State Court

By John Breslin | Dec 3, 2019

Hbapic

EDWARDSVILLE – A building company fired one of its carpenters to send a message to other employees to not file a workers' compensation claim, a lawsuit states.

LDC Homes, which is based in Edwardsville, terminated the employment of plaintiff Randy Klocke on June 13, according to the suit filed Nov. 15 in Madison County Circuit Court. Klocke had worked for the company since 2005 and sustained an on-the-job injury.

Klocke accuses LDC Homes of retaliatory action in violation of Illinois law and public policy relating to a worker's right to be protected if they are injured at work and file a claim.

As a result of the termination of his employment, Klocke alleges he has lost income and benefits and suffered humiliation and loss of dignity.

Klocke also alleges in his suit that the company breached their contract over its failure to "provide honest reasons" for his termination, which he alleges was directly linked to his workers' compensation claim.

In addition, the suit states LDC allegedly engaged in "willful and wanton" behavior that rises to the level of "outrageous" because the company, on terminating the employment, consciously disregarded the rights and safety of the plaintiff and his family.

Klocke alleges his firing was "designed to serve the unconscionable purpose of sending a message to other workers that those who file workers' compensation claims ... will be discharged."

While the plaintiff is seeking more than $50,000 in actual damages, the suit states he will be looking for punitive damages at a later time.

Klocke is represented by Angie Zinzilieta, Brian M. Wendler and Eric J. Jackstadt of Wendler Law of Edwardsville.

Madison County Circuit Court case number 19-L-1644.

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