ST. LOUIS — A former employee of Tyson Poultry filed a lawsuit against the company alleging discrimination under the Americans with Disabilities Act (ADA) and the Missouri Human Rights Act.
Anthony Pabon-Castro claims that after suffering a severe workplace injury, he was wrongfully terminated and retaliated against for seeking workers’ compensation benefits, according to a complaint filed Oct. 15 in U.S. District Court for the Western District of Missouri.
Pabon-Castro, who worked in the maintenance department at Tyson's facility in Sedalia, Mo., for more than four years, filed the lawsuit after an incident in which he lost part of his thumb while repairing a machine.
On Sept. 16, 2023, while conducting repairs on the Loveshaw CF50 machine, Pabon-Castro followed proper lockout/tagout (LOTO) procedures before turning the machine back on to test it. During the process, he slipped and his right thumb was severed by a moving chain and sprocket, according to the suit.
Immediately following the accident, Pabon-Castro reported the injury to his supervisor, who arranged for him to be taken to Bothwell Hospital.
Despite undergoing surgery that day to amputate the remaining part of his thumb, Pabon-Castro claims that Tyson's employees, Alex Sokolov and Carson Jones, demanded that he return to work the same day. Although he found the request unreasonable, Pabon-Castro complied, only to be taken to a room and interrogated about the accident, with Tyson's employees blaming him for the injury.
Pabon-Castro claims he requested to see his primary care physician for further treatment, but Tyson retaliated by locking him out of his health insurance.
Five days later, on Sept. 21, 2023, Pabon-Castro was suspended from work pending further investigation into the accident.
Less than a week later, on Sept. 26, 2023, he was terminated by Tyson’s human resources manager, despite explaining that he had followed all safety regulations, according to the suit.
Pabon-Castro asserts that his termination was not based on his performance but rather on his perceived disability and his efforts to exercise his rights under workers’ compensation laws. He has since filed a workers' compensation claim for the permanent injuries to his right hand.
In his complaint, Pabon-Castro claims that Tyson was aware of his disability resulting from the injury and that his termination violated both the ADA and Missouri Human Rights Act.
The lawsuit also accuses Tyson of wrongful termination in violation of public policy for seeking workers’ compensation benefits.
"Defendant’s conduct in terminating Plaintiff’s employment, when exercising his workers’ compensation rights, was done intentionally, wantonly and with a conscious disregard for Plaintiff’s rights," the complaint states. "Defendant’s conduct renders them liable for punitive damages in an amount sufficient to punish Defendant and to deter Defendant and others from engaging in similar conduct."
Pabon-Castro is seeking compensatory and punitive damages from Tyson, alleging that the company's actions have caused him lasting physical and emotional harm. He is represented by Lauren Perkins Allen of Lauren Allen LLC in Kansas City.
Pabon-Castro's attorney did not respond to a request for comment.
Tyson has not responded to the allegations in the lawsuit.
U.S. District Court for the Western District of Missouri case number: 2:24-cv-04187