EAST ST. LOUIS - A man claims he was wrongfully terminated after taking time off to care for his father and then requesting to transfer due to alleged harassment.
Paul R. Pestor filed a federal lawsuit on Dec. 7 in the U.S. District Court for the Southern District of Illinois against Gilster-Mary Lee Corp., alleging disability discrimination, retaliation, violation of the Illinois Human Rights Act, interference of the Family Medical Leave Act and Family Medical Leave Act discrimination/retaliation.
According to the complaint, Pestor was an employee for Glister-Mary Lee as an assistant supervisor from 2004 until 2020. Pestor claims that in January 2020, he sought to transfer to another facility, claiming he was being harassed by management. He claims that after making the request, the previous supervisor called the new supervisor to tell him that Pestor "missed more work than any other management employee." The supervisor allegedly made this claim despite knowing that Pestor's father suffered from an unspecified condition, and Pestor was responsible for taking care of him. He claims his employer failed to inform him that he could take Family Medical Leave to cover his absences.
Pestor claims he was harassed, discriminated against, disciplined, and terminated due to association with his father’s disability, his own history of a disability, and/or the defendant regarded him as having a disability. Pestor claims his employer also interfered with his Family Medical Leave and retaliated against him by terminating his employment in May 2020.
Pestor claims he was caused to suffer lost wages, salary, employment benefits, and/or other compensation denied or lost; interest on damages and liquidated damages.
Pestor seeks equitable relief, employment or reinstatement, liquidated damages, attorney’s fees, reasonable expert witness fees and other costs of the action. Pestor is represented by Ryan M. Furniss of The Furniss Law Firm LLC in St. Louis.
U.S. District Court for the Southern District of Illinois case number 3:21-cv-01587-SPM