BATON ROUGE, La. – A former ExxonMobil employee claims he was forced to work while injured and then had his employment terminated after he requested time off.
Plaintiff Jeremiah Jackson filed his lawsuit April 8 in U.S. District Court for the Middle District of Louisiana. Exxon Mobil Corporation is the named defendant.
“Defendant failed to provide Plaintiff with any information about his FMLA rights, failed to designate his absence as FMLA leave, and failed to allow him to take leave despite clear notice of a serious health condition,” the six-page complaint states.
“Instead, Defendant forced Plaintiff to work while seriously injured, then subjected him to a pretextual drug test and terminated him less than 24 hours after he requested medical leave and expressed a need for time off.”
Jackson, who worked at ExxonMobil’s Baton Rouge Complex, injured his foot outside of work on Aug. 24. The injury caused severe pain, swelling, and difficulty walking, he claims.
That same afternoon., Jackson called his supervisor, Matthew Yott, and informed him of the injury and that he was having trouble walking due to swelling. He also expressed concern that a bone might be broken. He requested to be allowed to rest his foot or to see the on-site medical team.
Yott allegedly instructed Jackson to come to work and was not offered Family and Medical Leave Act, or FMLA, paperwork. Yott did not direct him to see the medical team, nor was Jackson permitted to take sick leave.
Jackson reported to work Aug. 25. By this point, he claims his foot had turned colors and he had a visible limp.
Again, he informed Yott of his pain and asked to seek medical attention or go home to rest.
“Instead of allowing Plaintiff to seek treatment, Yott told Plaintiff that he himself had once drilled a hole in his finger to continue working through a similar injury, and he denied Plaintiff’s request to go to medical or home,” the filing states.
“Plaintiff, fearing retaliation, worked his shift in excruciating pain, self-splinting his foot with tools provided by a lab coordinator.”
When Jackson arrived for his shift August 26, the swelling and pain had worsened “to the point of being nearly unbearable,” he claims, adding he took over-the-counter pain relievers.
Jackson admits that due to his injury, he was slower than usual in completing certain machine standards. However, at no time did he enter any invalid data, he claims.
“Plaintiff again informed his supervisor and others of his condition. Only after a coworker, Brittany Morgan, reported a minor, easily corrected technical error did Supervisor Yott send Plaintiff to the on-site medical department – three days after Plaintiff first reported the injury,” the complaint states.
Jackson was told by the medical department he would be subjected to a drug test.
He explained to the medical team that his injury did not occur at work and did not cause any financial loss or on-the-job accident. He requested to take sick leave or FMLA leave instead.
“Plaintiff reluctantly agreed to the test. However, he was denied and then placed on suspension pending investigation,” the lawsuit states, noting that Jackson was never informed that refusing the test would be treated as a failure and that a failure would result in immediate termination.
“Less than 24 hours later, Plaintiff was called and told to either resign or be terminated. He was not given an opportunity to provide a statement, attend counseling, or otherwise respond. He was terminated effective immediately.”
Jackson alleges the drug test was a pretext to target him – a Black male – and that he was being discriminated against.
He seeks a declaratory judgment that Chevron violated the FMLA; back pay, front pay, and all lost wages and benefits, plus prejudgment interest; liquidated damages equal to the amount of lost wages and benefits; compensatory damages for emotional distress and other non-economic losses; and attorney’s fees.
Kathleen M. Wilson, a Baton Rouge attorney, is representing Jackson in the lawsuit.
