Hotel worker claims he was terminated after requesting sick leave

Michelle Massey Jan. 13, 2011, 1:15am

A hotel employee has filed a lawsuit claiming that after a slip and fall incident, he was terminated for asking to take medical leave.

Claiming violations of the Family Medical Leave Act, Huey Farrell filed suit against Historic Restoration Inc. on Jan. 6 in federal court in New Orleans.

Farrell claims he was injured on Sept. 16, 2010 when he slipped on a wet floor at a hotel managed by the defendant.

According to the complaint, the defendant arranged for Farrell to see a doctor and following the appointment, Farrell returned to work for the next week. Farrell states the week following the slip and fall incident, he saw a chiropractor who referred him to a neurosurgeon.

He claims he was diagnosed with a substantial neck injury. Farrell states he attempted to return to work on in October while he was in a neck brace.

Farrell claims he was told by the company's human resources director that he was not allowed to wear the neck brace and that it had to be removed. Initially, Farrell removed the neck brace and then after experiencing neck pain, he requested sick leave.

Farrell states despite his request to leave due to his injury, the leave was denied and his position was terminated.

He is asking the court for an award of lost wages, salary and employment benefits, interest, liquidated damages and court costs.

Farrell is represented by Timothy R. Richardson in New Orleans.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:11-cv-00021

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