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Metro Truck worker claims retaliatory discharge, unpaid overtime

Thursday, January 21, 2010

A Madison County man claims his former employer wrongly terminated him after he filed for workers' compensation benefits. In addition, the company allegedly failed to pay its employees correctly for overtime hours they worked.

Stephen Ryan filed a lawsuit Jan. 13 in Madison County Circuit Court against Metro Truck and Trailer Repair.

Ryan claims he began working at Metro Truck, but says the company failed to comply with the Fair Labor Standards Act by only paying one and one-half times employees' regular pay after they had worked in excess of 50 hours per week.

"Defendant either failed to post FLSA notice regarding overtime or undermined any such posting by notifying Plaintiff that Defendant was not subject to the overtime provisions of the FLSA set forth on such posting," the suit states.

In a separate count of his suit, Ryan also claims Metro Truck fired him in retaliation for his filing for worker's compensation benefits.

Ryan sustained an injury while working for Metro Truck on Dec. 5, 2008, according to the complaint. Later, Ryan notified his foreman that he would be forced to miss work and would need to undergo surgery in late December 2008 or early January 2009 because of the accident, the complaint says.
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