Injured worker claims ADA violations, seeks $1M from former employer

Michelle Massey, East Texas Bureau Jul. 23, 2009, 2:41am

TEXARKANA, Ark. � Texarkana resident Alvin Stuckey claims he was fired from his job because of an injury and is seeking $1 million in a lawsuit against his former employer.

Alleging violations of the Americans with Disabilities Act, Stuckey filed suit against Cooper Tire and Rubber Co. on June 29 in the Circuit Court of Miller County, Ark.

Employed with Cooper as a tire layer for more than four years, Stuckey states that his work history was above average. He was injured on the job and had surgery on his rotator cuffs.

He alleges he was terminated by the tire company because he could "no longer perform the physically strenuous tasks of the job he had done previously."

According to the suit, he was first suspended without pay in October 2007 on allegations that he falsified records regarding a leave from work to attend a funeral.

The plaintiff states he requested time off work for regular funeral leave to attend the funeral of his step-grandmother.

Stuckey claims he was given permission for the leave by his shift foreman and provided information from the funeral home regarding his attendance at the funeral.

Stuckey alleges the real reason behind his suspension was his decreased physical ability after the shoulder surgery. He claims the actions of Cooper Tire violated Title VII, the Americans with Disabilities Act and/or the Age Discrimination in Employment Act.

The plaintiff is seeking damages for loss of income, loss of reputation, loss of medical benefits and raises.

Texarkana attorney Garnet E. Norwood is representing the plaintiff.

The plaintiff is demanding a trial by jury.

Miller County Circuit Judge Kirk Johnson will preside over the litigation.

Case No CV-2009-257-3

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