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ST. LOUIS RECORD

Thursday, March 28, 2024

Former employee sues Rally's for alleged wrongful termination

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ST. LOUIS — A former employee is suing a restaurant, citing alleged wrongful termination in retaliation for filing for workers' compensation benefits.

Adina Burnett filed a complaint in the St. Louis City Circuit Court against Checkers Drive in Restaurant Inc. d/b/a Rally's, alleging that the defendant violated the Workers' Compensation Act and the Missouri Services Letter Statute.

According to the complaint, the plaintiff alleges that she injured herself on Aug. 17, 2016 by falling on a wet floor while working for the defendant, sustaining injures to her back, knees and elbow. After her treatment, the plaintiff requested to go back to work but allegedly was given work restrictions and lesser hours that were never increased to the number of hours she had prior to the accident. She also alleges that filing for workers' compensation benefits led to her termination on January 14. 

The plaintiff holds the defendant responsible for allegedly firing her because she requested workers' compensation benefits and for failing to respond to plaintiff's request for a Missouri Service Letter or state in the letter the nature and character of her services or true cause of her discharge.

The plaintiff requests a trial by jury and seeks judgment for actual or nominal damages, punitive damages for an amount in excess of $25,000 for court costs, expenses and any further relief the court deems just. She is represented by Daniel J. McMichael and Michelle K. Faron of McMichael, Logan & Keersemaker in Kirkwood.

St. Louis City Circuit Court case number 1722-CC10718

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