ST. LOUIS – A former employee has filed a lawsuit against the East Missouri Action Agency claiming he was fired for taking needed time off to adjust his medications.
Aron Lee Penberthy filed a lawsuit in federal court against the East Missouri Action Agency citing allegations of disability discrimination and interference with family medical leave in violation of the Americans with Disabilities Act and the Family and Medical Leave Act.
According to court documents, Penberthy was hired by EMAA to work as a customer service representative on January 21, 2021. He claims management was aware of his struggles with anxiety and depression.
Penberthy says he had surgery on July 31, 2022 and returned to work on August 2, 2022. After returning from work, he suspected the surgery may have had an impact on the medication he took for anxiety and depression. He claims that on August 9, he informed EMAA he would need to take a leave of absence until August 15 to adjust his medication and provided EMAA with a doctor's note. Penberthy claims that during his absence, his supervisor repeatedly ordered him to return to work, but he informed his supervisor he was unable to return to work until he was released by the doctor.
According to Penberthy he was terminated from his position on August 15 for insubordination. Penberthy alleges his termination resulted from disability discrimination and interference in violation of the ADA and the FMLA.
Penberthy is seeking damages for lost wages, benefits, compensatory and punitive damages, plus interest, court costs, attorney fees and other relief.
Hie is being represented by Ryan M. Furniss and Joshua G. Miller of The Furniss Law Firm in St. Louis.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:23-cv-01456