Pennsylvania Record

Friday, November 15, 2019

Custodian says he was exposed to chemicals, fired for Workers' Comp claim

State Court

By Marian Johns | Oct 14, 2019

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MEDIA – A former custodial worker at a Philadelphia facility alleges he was fired for filing a Workers' Compensation claim after having a severe reaction to the chemicals he was exposed to in the work area he was responsible for cleaning.   

According to the Sept. 25 Court of Common Pleas for Delaware County filing, plaintiff Leslie Boulden Jr., filed the complaint against defendant Quotient Sciences-Philadelphia LLC claiming violation of public policy under the Pennsylvania Workmens' Compensation Law (the Act). 

"Defendant's proffered reason for plaintiff's termination was false and mere pretext to mask the illegal reason for his termination," Boulden's complaint states. 

Boulden, who worked as a custodian at Quotient's Marcus Hook facility, alleges in August, he began to develop a rash all over his face, suffered nose bleeds and his skin began peeling. He claims his injuries were a result of an allergic reaction to the chemicals in and around the work area he cleaned and that several days after filing a Workers' Compensation claim, he was fired for "loitering in a closet" when he was actually on his lunch break.

"The true reason why plaintiff was terminated was because he reported a work-related injury/illness pursuant to the Act," the suit states. "Defendant intentionally and maliciously terminated plaintiff in retaliation for his report of an incident covered under the Act, in order to punish him for doing so and to interfere with, and suppress, his rights under the Act." 

Boulden seeks punitive damages in the amount of more than $50,000. 

The plaintiff is represented by Samuel Dion of Dion & Goldberger in Philadelphia.

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Delaware County Court of Common Pleas

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