Worker claims termination resulted from request to take off for back surgery

Michelle Keahey Dec. 5, 2012, 12:58am

NEW ORLEANS - A worker has filed a disability discrimination lawsuit claiming his termination resulted from a request to take an extra week off to have back surgery.

David Rimmer filed suit against Rotolo Consultants Inc. on Oct. 31 in federal court in New Orleans.

Rimmer was hired by the defendant in 2008. According to the lawsuit, Rimmer suffered from lumbar disc herniations in the past and caused degenerative disc disease. In July 2012, Rimmer informed the defendant that he would likely need back surgery and asked for an additional week of vacation.

Approximately one week after the conversation with the defendant, Rimmer was terminated from his employment.

The defendant is accused of violating the Family Medical Leave Act and the Americans with Disabilities Act.

The plaintiff is seeking an award of damages for lost wages and compensatory damages, plus interest, attorney fees, liquidated damages and court costs.

Rimmer is represented by New Orleans attorney Timothy R. Richardson. A jury trial is requested.

U.S. District Judge Nannette Jolivette Brown is assigned to the case.

Case No. 2:12-cv-02639

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