ILNews

Attorney general sues AT&T for suspending injured workers

Back to TopCommentsE-mailPrintBookmark and Share

AT&T’s Indiana operating company faces a discrimination lawsuit from the Indiana Department of Labor for suspending three workers, allegedly because they reported work-related injuries.

The department sued Indiana Bell Telephone Co., the local AT&T subsidiary, July 24 in response to complaints Daniel Drummond, Shon Payne and William Ingram filed with the state this year.

The lawsuit alleges the company “has a practice and policy” of suspending employees for at least one day after they report work-related injuries.

“This policy punishes employees for reporting injuries and consequently prevents or deters Indiana Bell employees from exercising their right to report work-related injuries,” the lawsuit states.

AT&T spokesman Marty Richter said the company complies with all workplace health and safety regulations.

“We do not suspend employees for reporting a work-related injury,” Richter said. “Employees may be suspended, however, for violating our safety rules and policies, on which they are trained.”

A Department of Labor spokesman referred questions to the Attorney General’s Office, where spokesman Bryan Corbin declined to comment beyond what was stated in the lawsuit.

Drummond and Payne, both premises technicians, and Ingram, a customer services specialist, were hurt in late 2012 or early 2013, according to the suit.

Drummond, who has worked for AT&T for two years, slipped on a clear substance while working at a Walmart in January. The company’s medical clinic diagnosed him with a “severely sprained knee and ankle,” the suit says. He missed 22 days of work.

When he returned in February, AT&T suspended him a day because he “violated company safety practices by not surveying the work area and seeing a clear substance on the workplace floor,” according to the suit.

Payne, a one-year employee, was working at a customer's home in February when he noticed an attic door partially open. He pulled on a rope to close it, but the door suddenly sprang shut and a piece of plastic on the rope cut his finger.

In March, a manager questioned Payne about the accident. The company suspended him for a day for violating safety policies, the suit says.

Ingram, a 13-year AT&T veteran, injured his arm in October when he tried to place a ladder on a truck. He went to the medical clinic the next day, but his condition worsened over the next few weeks. He underwent surgery and missed three months of work.

A manager questioned him after he returned to work, and the company suspended him a day for violating safety policy, according to the suit.

Each man filed a complaint with the Department of Labor soon after his suspension. Drummond and Ingram still work for AT&T. Payne left, but it was “unrelated to his recent injury,” Richter said.

Richter would not comment on AT&T’s reasoning behind each suspension.

“I’ll reiterate, though, that we do not suspend employees for reporting a work-related injury,” he said.

Zoeller’s office claims AT&T “unlawfully discriminated against Drummond, Payne and Ingram … because they exercised their right to report a work-related injury to Indiana Bell management.”

The lawsuit describes the company’s actions as “willful, malicious, and oppressive.”

The lawsuit seeks compensation for the wages and benefits each man lost to his suspension, as well as any other expenses they had in connection to the unpaid time off and all prosecution costs.

The suit seeks unspecified “appropriate punitive damages."

Among non-financial relief, the Department of Labor seeks an injunction that would prevent AT&T from “continuing to discriminate” against employees injured at work.

The state also wants a court order requiring the company to post a notice in a “prominent location accessible to all employees” informing workers of their health and safety rights.
Originally published at IBJ.com.

Correction: An earlier version of this story said that Indiana Attorney General Greg Zoeller was suing Indiana Bell. The attorney general is not a party to the case; he is instead the plaintiff’s lawyer, as he typically is whenever a state government agency files a civil lawsuit against a defendant.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT