Dockworker Fired After Reporting COVID Worker Safety Concerns, Lawsuit Says

An Illinois man says he was discharged from his job as a dockworker for Estes Express Lines Inc. after voicing concerns about worker safety measures during the coronavirus pandemic.

The lawsuit alleges Estes Express forced the man to come into work despite reports that two of its warehouse workers contracted COVID-19. Further, the company allegedly made the plaintiff work in an area that had been occupied by the employees with the virus without properly cleaning it first.

According to the lawsuit, the plaintiff was fired after bringing concerns about worker safety to his supervisor and taking measures to protect himself.

The lawsuit claims plaintiff Jamaal W. learned that two of his coworkers at an Estes Express warehouse had contracted the virus and were not able to work because they were sick in late April 2020. Jamaal says he asked permission not to come to work, as well, to avoid spreading COVID-19 to others; however, his supervisor denied his request and the plaintiff says he showed up for work April 29, 2020.

Upon his return, the plaintiff says he requested a shorter shift and to work in an area away from other workers due to his exposure to the virus; however, Jamaal says he was forced to work in an area potentially contaminated with the virus.

In addition, the plaintiff says Estes allowed an employee who had contracted COVID-19 to leave and then come back before his condition had resolved.

The lawsuit alleges Jamaal attempted to bring these worker safety concerns to his supervisor, but was told not to come back to work April 30, 2020.

“He told his bosses that he was uncomfortable being there and that he wanted to leave,” the plaintiff’s attorney explained to Law360. “They told him, ‘You will be fired if you leave after working only eight hours.'”

The plaintiff accuses Estes of putting him in a “position of imminent danger from contracting the coronavirus” and potentially exposing him to the virus in the workplace. He says he lost his job because of Estes Express’ failure to provide a safe working environment.

Jamaal is seeking $75,000 in damages, including lost income and harm to his self-esteem, along with court costs.

While Estes Express has not commented on the lawsuit, it claims it has enhanced its cleaning and sanitation protocols in employee work places during the pandemic and also has a protocol in place if an employee reports COVID-19 symptoms or a positive test.

Workers report employers are not providing safe working conditions in the midst of the ongoing coronavirus pandemic. Additionally, some say they are being forced to come into work despite the risk of exposure.

Lawsuits have been filed by workers at Amazon, McDonalds, Tyson, various cruise lines and health care facilities.

As the pandemic continues, learn more about the effect of COVID-19 on employees and other legal issues affecting consumers with Top Class Actions’ complete guide to coronavirus lawsuits.

Are you concerned about safe working conditions at your job? Have you been exposed to the coronavirus at work? We want to hear from you. Tell us what happened in the comment section below.

The plaintiff is represented by Scott Skaletsky of Benjamin & Shapiro Law.

The COVID Worker Safety Lawsuit is Jamaal v. Estes Express Lines Inc., Case No. 1:20-cv-07046, in the U.S. District Court for the Northern District of Illinois.

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