A former employee of National Beef's Dodge City plant is suing the company, alleging that he was fired because he had previously filed a worker's compensation claim against the company.
Garden City resident Natividad Fierro is seeking at least $75,000 in damages — a general figure that could change as the lawsuit progresses — plus any other relief the court thinks is appropriate.
Fierro suffered a laceration to his right finger while on the job on May 31, 2006, and he tore his right rotator cuff nearly two months later, according to the lawsuit. He was reassigned to light duty work and later filed a workers' compensation claim against the company.
Fierro was still on light duty on Dec. 19, 2006, when he received a phone call saying that his daughter had an emergency and needed his help, according to the lawsuit. The lawsuit says that he attempted to notify his supervisor that he needed to leave, but she was unavailable.
"He checked out, left his designated work area and waited in the parking lot from approximately 8:45 a.m. to approximately 10 a.m., when she (the daughter) arrived and picked him up," the lawsuit says. "Plaintiff Fierro was immediately suspended as a result, and the following day his employment was terminated."
National Beef's employee handbook indicates that an unauthorized absence from work is an offense that warrants progressive discipline, as opposed to a violation that warranted discipline up to and including firing for the first offense, according to the lawsuit.
The lawsuit alleges that National Beef fired Fierro in retaliation for his filing a workers' compensation claim against the company. Additionally, the lawsuit says that the company violated its duty to treat Fierro fairly when it fired him without following an implied promise of progressive discipline, which was contained in the employee handbook.
National Beef will set out its defense against Fierro's claims when it files its answer to the lawsuit within the next several days, National Beef's attorney, David Rebein, told the Globe on Wednesday.
"National Beef takes care of its employees, including employees that have workers' compensation claims," he said. "The employee was terminated, but it was for reasons that had nothing to do with his workers' compensation claim. And we're confident that we'll be vindicated when it's all said and done."
Rebein said he could not comment on why Fierro was fired until he files National Beef's answer to the lawsuit.
Fierro referred a reporter seeking comment on the lawsuit to his attorney, Peter Antosh of Dodge City.
Antosh said that the case boiled down to his client's decision to file a workers' compensation claim against National Beef after he was injured.
"It's our position that National Beef saw him as less valuable and was looking for kind of a 'gotcha,'" Antosh said. "And they treated him differently as an injured worker, as somebody that had a claim against them, than they would have if he had been a production line worker that was not injured and making money for them. And we believe that's illegal."
Reach Eric Swanson at (620) 408-9917 or e-mail him at eric.swanson@dodgeglobe.com.
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A former employee of National Beef's Dodge City plant is suing the company, alleging that he was fired because he had previously filed a worker's compensation claim against the company.
Garden City resident Natividad Fierro is seeking at least $75,000 in damages — a general figure that could change as the lawsuit progresses — plus any other relief the court thinks is appropriate.
Fierro suffered a laceration to his right finger while on the job on May 31, 2006, and he tore his right rotator cuff nearly two months later, according to the lawsuit. He was reassigned to light duty work and later filed a workers' compensation claim against the company.
Fierro was still on light duty on Dec. 19, 2006, when he received a phone call saying that his daughter had an emergency and needed his help, according to the lawsuit. The lawsuit says that he attempted to notify his supervisor that he needed to leave, but she was unavailable.
"He checked out, left his designated work area and waited in the parking lot from approximately 8:45 a.m. to approximately 10 a.m., when she (the daughter) arrived and picked him up," the lawsuit says. "Plaintiff Fierro was immediately suspended as a result, and the following day his employment was terminated."
National Beef's employee handbook indicates that an unauthorized absence from work is an offense that warrants progressive discipline, as opposed to a violation that warranted discipline up to and including firing for the first offense, according to the lawsuit.
The lawsuit alleges that National Beef fired Fierro in retaliation for his filing a workers' compensation claim against the company. Additionally, the lawsuit says that the company violated its duty to treat Fierro fairly when it fired him without following an implied promise of progressive discipline, which was contained in the employee handbook.
National Beef will set out its defense against Fierro's claims when it files its answer to the lawsuit within the next several days, National Beef's attorney, David Rebein, told the Globe on Wednesday.
"National Beef takes care of its employees, including employees that have workers' compensation claims," he said. "The employee was terminated, but it was for reasons that had nothing to do with his workers' compensation claim. And we're confident that we'll be vindicated when it's all said and done."
Rebein said he could not comment on why Fierro was fired until he files National Beef's answer to the lawsuit.
Fierro referred a reporter seeking comment on the lawsuit to his attorney, Peter Antosh of Dodge City.
Antosh said that the case boiled down to his client's decision to file a workers' compensation claim against National Beef after he was injured.
"It's our position that National Beef saw him as less valuable and was looking for kind of a 'gotcha,'" Antosh said. "And they treated him differently as an injured worker, as somebody that had a claim against them, than they would have if he had been a production line worker that was not injured and making money for them. And we believe that's illegal."
Reach Eric Swanson at (620) 408-9917 or e-mail him at eric.swanson@dodgeglobe.com.
