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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Employee sues Jimmy John's over alleged harassment, discrimination

Lawsuits
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BELLEVILLE – A Jimmy John's employee filed a lawsuit against his employer, claiming he was subject to verbal and physical harassment by his co-workers due to his sexual orientation and disability.

Plaintiff Isaac Frankhauser filed the lawsuit in the St. Clair County Circuit Court against Jimmy John's, Jimmy John's Franchise, Jimmy John's Enterprises, Kidds Restaurants, Matthew Vickery and Ryan Sheeshley. He alleges various legal counts, including battery, intentional infliction of emotional distress, sexual orientation harassment, disability discrimination, retaliation for opposing discrimination, constructive discharge, negligent hiring, training, and retention, as well as spoliation of evidence.

According to court documents, Frankhauser was employed as a driver at a Jimmy John's restaurant in Belleville. He claims that during his employment with the company, he was subjected to "frequent" and "severe" verbal and physical harassment based on his sexual orientation and, later, his diagnosed disabilities by various Jimmy John's employees, including the general manager and assistant manager. Frankhauser alleges the area manager witnessed the harassment but took no corrective action. He adds that despite numerous complaints to the area manager and other members of management, no effective action was taken to address the harassment, leading to a toxic work environment. 

Frankhauser alleges the harassment became so severe that in December 2021, he began to contemplate suicide. He called a suicide hotline and was admitted to the hospital for psychiatric care until December 21, 2021, the suit states. During his hospital stay, Frankhauser continued to complain about the harassment by his co-workers, including Vickery who allegedly disclosed his medical conditions without permission. After returning to work, the plaintiff claims the harassment continued, culminating in an alleged physical attack by Sheeshley on February 10, 2022. As a result, Frankhauser claims he feared for his safety and well-being. 

According to complaint, after the physical attack, both Sheeshley and Vickery were terminated for their involvement in the harassment and the mishandling of Frankhauser's complaints.

Frankhauser is seeking damages for medical expenses, lost wages, pain and suffering, emotional distress, punitive damages, plus interest, attorneys fees, court costs and any other relief the court deems proper. He is represented by attorneys Frederick W. Keck of Weilmuenster, Keck & Brown, P.C. in Belleville and Scott D. Lane and Nicholas J. Kamenjarin of Lane Brown, LLC in Chicago.

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