BELLEVILLE – A former Permobil employee has filed a wrongful termination lawsuit, alleging termination for taking time off to seek medical services following a workplace injury.
Plaintiff Nykee L. Burt Mathis filed the lawsuit in the St. Clair County Circuit Court against Permobil, Inc., Robert Wagner and Kathleen Raatz, citing breach of contract, defamation and negligence.
According to the lawsuit, Mathis was employed by Permobil to work as an assembler. The plaintiff was under the direct supervision of Wagner, and Raatz was the company's human resources director. Mathis states that on April 11, 2022, the plaintiff suffered injuries at work, informed Wagner and Raatz of the injury, and began steps to claim worker's compensation. Mathis underwent medical treatment at Permobil's instruction and through medical personnel selected by the company and it's insurance agent.
The lawsuit states that Mathis returned to work until the plaintiff was terminated on March 23, 2022. Mathis alleges termination due to discrimination over sexual orientation and following a false positive on a drug test.
When Mathis took steps to gain unemployment benefits, the plaintiff allegedly found out that the defendants had also accused Mathis of unsatisfactory work attendance even though they knew Mathis missed work to attend medical appointments for the worker's compensation injury. Mathis adds that the defendants forced the plaintiff to use accumulated personal time off to attend the medical appointments.
The plaintiff is seeking damages for mental anguish, lost income, lost benefits and damage to their reputation for an amount in excess of $50,000, plus court costs, interest and any other relief the court deems proper. Mathis is represented in this case by the attorneys of Wendler & Zinzilieta, P.C. in Maryville.
St. Clair County Circuit Court case number 23LA0117