BELLEVILLE –A nursing center maintenance worker claims he was harassed and then wrongfully terminated after filing reports with state agencies.
Plaintiff Tommy E. Bryan filed a lawsuit in the St. Clair County Circuit Court against Bridgemark Employee Services, LLC, Doctors & Nursing Rehabilitation Center, LLC, Marty Fatheree, and Helia Healthcare of Salem, LLC, citing sexual harassment, willful and wanton misconduct, intentional infliction of emotional distress and wrongful termination in violation of the Illinois Whistleblower Act.
According to the lawsuit, Bryan was employed by the defendants as a maintenance worker at their facilities from May 2019 until Feb. 22, 2021, when he was terminated from his position for a second time.
Bryan states that during his employment and prior to being fired, he had been diagnosed with cancer and had filed workers compensation claims. He also claims he had lifting limits imposed on him by a physician; had reported to the defendants' management that he was being sexually harassed; had reported to the Illinois State Fire Marshall that the defendant's boilers were not properly working, causing patients to suffer; had reported to OSHA and the Illinois Department of Public Health that the defendants were taking false temperature readings; and were failing to provide properly heated rooms for patients.
Bryan claims that in retaliation for his actions, the defendants subjected him to physical and verbal abuse and required him to do labor intensive tasks that exceeded his lifting limitations. Because of a neck injury, Bryan had to go in for surgery on Sept. 1, 2020, and the defendants terminated him for the first time on Sept. 7, 2020. He was rehired and continued to work until Feb. 22, 2021.
In February 2021, Fatheree was hired to work as Bryan's immediate supervisor. Bryan alleges Fatheree refused to honor the physician's lifting restrictions, physically and verbally abused him and also sexually harassed Bryan. He reported Fatheree's actions to the nurse coordinator on Feb. 22, 2021, and was notified of his termination the same day. He adds that Fatheree misrepresented his termination as a resignation.
Bryan alleges he was wrongfully terminated in violation of the Illinois Whistleblower Act.
The plaintiff claims he has endured loss of wages and benefits, emotional distress, pain, suffering and mental anguish. He is seeking compensatory damages in excess of $50,000, plus punitive damages in excess of $50,000, court costs, interest and any other relief the court deems proper. He is represented in this case by attorneys Brian M. Wendler, Angie M. Zinzilieta & Warren Benning of Wendler & Zinzilieta, P.C. in Edwardsville.
St. Clair County Circuit Court case number 22LA0843