PHILADELPHIA – A Spring City man is suing his former employer alleging that he was terminated because of an injury.
Michael Kelly filed a complaint on Dec. 28 in the U.S. District Court for the Eastern District of Pennsylvania against Chemalloy Co. and Nizi International, alleging violations of the Americans with Disabilities Act and the Pennsylvania Human Relations Act and wrongful termination.
According to the complaint, Kelly was employed by the defendant as a production worker, which was a physically exerting job.
Due to the nature of his work, Kelly allegedly began experiencing back pain beginning April 2, 2014, which became severe enough that he sought out medical attention.
When he consulted his doctor about the pain, he was given a note stating that he should not engage in strenuous activity for several weeks, the suit says.
Kelly informed his supervisor about the restriction in his work, and later the same supervisor confronted Kelly on April 10, 2014, to inform him of his termination due to poor work performance, the suit says.
Kelly offered to show the doctor's note, but the supervisor had no interest, the suit says. He alleges he was terminated because of his back injury and the restriction on heavy lifting.
Kelly is seeking compensation for all damages suffered, lost wages, benefits and legal fees. He is represented by Christopher J. Delgaizo of Kraemer, Manes and Associates PC in King of Prussia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:15-CV-06817