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Former employee taking Buchanan County to court over firing
By JOSH NELSON, Courier Staff Writer
INDEPENDENCE --- A former employee is suing Buchanan County in federal court, claiming he was fired because of a disability.
Roger Duello, 64, of Brandon, maintains in his lawsuit that county supervisors violated the Americans With Disabilities Act when they voted to terminate him from the road department in January 2007. The firing was the result of a seizure in October 2006, according to the lawsuit.
Duello worked for the county road department as a maintainer operator for 18 years without incident, according to court documents. Two months after the seizure, Duello's doctor reportedly told him not to drive for six months. If no more problems developed during that time, Duello would be cleared to drive again.
No seizures occurred, according to court records.
Duello filed for a leave of absence under the Family and Medical Leave Act for nearly a month. The board also reportedly said he could take up to a year of leave under the county's collective bargaining agreement.
On Jan. 3, 2007, Duello received a letter from the board stating he was terminated. The letter said Duello was unable to perform his job and "there is no reasonable likelihood" that he would recover to a point where he could go back to work.
Supervisors upheld their decision following a hearing for reconsideration later that month, according to the lawsuit.
County Attorney Al Vander Hart said part of the board's decision was based on the fact Duello lost his commercial driver's license, and the road department had no jobs Duello could perform without that license.
"That's the dispute," Vander Hart said.
Vander Hart said the county will be represented by an attorney retained by its insurance company at a later date.
Duello claims he suffered loss of income and prospective retirement benefits along with "emotional distress, humiliation, embarrassment, pain and suffering."
Contact Josh Nelson at (319) 291-1565 or josh.nelson@wcfcourier.com.
Roger Duello, 64, of Brandon, maintains in his lawsuit that county supervisors violated the Americans With Disabilities Act when they voted to terminate him from the road department in January 2007. The firing was the result of a seizure in October 2006, according to the lawsuit.
Duello worked for the county road department as a maintainer operator for 18 years without incident, according to court documents. Two months after the seizure, Duello's doctor reportedly told him not to drive for six months. If no more problems developed during that time, Duello would be cleared to drive again.
No seizures occurred, according to court records.
Duello filed for a leave of absence under the Family and Medical Leave Act for nearly a month. The board also reportedly said he could take up to a year of leave under the county's collective bargaining agreement.
On Jan. 3, 2007, Duello received a letter from the board stating he was terminated. The letter said Duello was unable to perform his job and "there is no reasonable likelihood" that he would recover to a point where he could go back to work.
Supervisors upheld their decision following a hearing for reconsideration later that month, according to the lawsuit.
County Attorney Al Vander Hart said part of the board's decision was based on the fact Duello lost his commercial driver's license, and the road department had no jobs Duello could perform without that license.
"That's the dispute," Vander Hart said.
Vander Hart said the county will be represented by an attorney retained by its insurance company at a later date.
Duello claims he suffered loss of income and prospective retirement benefits along with "emotional distress, humiliation, embarrassment, pain and suffering."
Contact Josh Nelson at (319) 291-1565 or josh.nelson@wcfcourier.com.
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Brian B wrote on Dec 26, 2008 5:16 PM:
I "hope" that President elect Obama will "change" the ruling by the County/State that is keeping you from working. The Unions in America have paid in enough to his campaign to be allowed top preference in righting such wrongs. I know that the left has blamed these wrongs on President Bush for many years. Nancy Pelosi and her gang, now that they are in total control, will surely implement changes to fix this injustice to American workers. "