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ST. LOUIS RECORD

Saturday, November 2, 2024

'Guy who gets hurt' says company retaliated against him after Workers' Comp claim

Federal Court
Hackneyjeff

Jeff Hackney for the plaintiff

ST. LOUIS - The American Bottling Co., a subsidiary of Dr Pepper Snapple Group, was named as defendant in a St. Louis County Circuit Court late last year by a former employee who accused the company of fostering a hostile work environment at its Overland facility. 

Plaintiff Michael Carr worked at the facility as a material control expediter, where he claims he was known as "a guy who gets hurt" and a liability to the company that needed to be removed, the suit says. The defendant removed the case to St. Louis federal court on March 15.

Carr allegedly suffered his first workplace injury in April 2018, and again in September 2018. The latter injury required surgical operation in January 2019, and Carr complains that he was pressured to return to work as soon as possible, the suit says.

The plaintiff accuses American Bottling Co. of retaliating against his need to take medical leave by switching him from the preferred day shift to third shift when he returned to work. Carr suffered yet another workplace injury in November 2019, at which point he says he was offered illegal drugs by a supervisor for the pain.

Carr was allegedly told by a supervisor that he "had a target on his back" due to his multiple Workers' Comp claims. He was abruptly terminated, according to the suit, in May 2020 after being accused of unsafely handling equipment. 

American Bottling Co. is sued for one count of worker's compensation retaliation and one count of retaliation in violation of the Family Medical Leave Act. Carr requests at least $25,000 in damages.

The plaintiff is represented by HKM Employment Attorneys LLP of Town and Country. 

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