The former employee of an Illinois roofing company alleges he was wrongfully terminated from his position for requesting workers' compensation benefits, according to the Madison-St. Clair Record. The employee claims Lakeside Roofing terminated him because of his disability and his Mexican nationality.
Homero Serrano-Cardenas filed suit in Madison County Circuit Court against his former employer, Collinsville-based Lakeside Roofing, accusing the company of violating rules around workers' compensation as well as provisions of the federal Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA).
Prior to his discharge, Serrano-Cardenas said he was injured while at work. He asked for workers' compensation, and believes the request and firing were related.
The suit notes that Illinois public policy bars an employee being discharged for requesting workers' compensation benefits. Serrano-Cardenas is asking the court for lost past and future wages, damages for pain and suffering and punitive damages for the "unreasonable and vexatious" termination of his employment.
In addition, Serrano-Cardenas believes his firing is also linked to his underlying disability and is suing for discrimination under the ADA. He alleges to be a "qualified individual with a disability" as specified under Title 1 of the ADA. His employer was aware of his disability yet the plaintiff alleges he was subject to a hostile work environment and harassment.
Read More
