Philly man says portable restroom company wrongfully terminated him for filing for Workers' Comp benefits

By Nicholas Malfitano | Jan 31, 2017

PHILADELPHIA – A Philadelphia man recently began legal action against a portable restroom trailer rental company, claiming it violated public policy in wrongfully terminating him last year, after he filed claims for Workers' Compensation benefits.

Henry Smith Jr. filed suit on Jan. 24 in the Philadelphia County Court of Common Pleas, against ARF Rental Services and A Royal Flush, Inc., both also of Philadelphia.

“Plaintiff was hired in 2014 to drive trucks and deliver defendants’ products and services. Plaintiff sustained injuries in the course and scope of his employment on Feb. 10, 2016 and Feb, 25, 2016. Specifically, plaintiff was involved in motor vehicle accidents,” the lawsuit says.

“Plaintiff was treated for his injuries and continued employment with defendants without significant missed time from work. Plaintiff informed defendants he needed his medical bills paid,” the suit continued.

Smith says he sought worker’s compensation benefits through claim petitions in May 2016, but the following July, the defendants began “retaliating” against him and claimed he was “trying to sue the company.”

Smith further averred the defendants asserted a lien of $750.00 against him for damages incurred by the company vehicle he was driving during the accidents, without a hearing or abiding by due process or company policy, and garnished his wages for this amount – before ultimately firing him on Oct. 26, 2016.

The plaintiff is seeking wages due, interest and other relief on charges of violating public policy, violating the Pennsylvania Wage Collection and Payment Law (WCPL) and conversion.

The plaintiff is represented by Thomas M. Holland of The Law Offices of Thomas M. Holland, in Philadelphia.

Philadelphia County Court of Common Pleas case 170103362

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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