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Ex-city worker suing former employer over sick leave policy

Longview News-Journal - 4/10/2018

A former Longview maintenance and sanitation worker is suing his former employer, saying the city of Longview committed employment discrimination based on disability.

City staff say Matthew Ruesing lost his job for violating the city's sick leave policy.

Ruesing, of Gladewater, filed his complaint on March 19 in federal court in Marshall. The Gladewater man alleges that the city of Longview violated Title VII of the Civil Rights Act and the Americans with Disabilities Act when it fired him nearly one year ago following his two surgeries.

No hearing has been scheduled in the case. A federal magistrate is awaiting the city's formal answer to the complaint that is due this month.

Ruesing worked six years for the city, first as a sanitation driver before moving to fleet services and then facilities services technician from 2015 until May 26, 2016. According to his lawsuit filed in the Eastern District of Texas-Marshall Division, Ruesing says he underwent surgery to repair a severe rotator cuff tear in December 2015. Further complications arose in physical therapy, and Ruesing underwent a second shoulder surgery on April 2, 2016.

"Because of the shoulder injury, (Ruesing's) major life activities were impaired, including lifting, moving, rotating (and) caring for self with right arm/shoulder," according to the lawsuit written by his attorney, William S. Hommel Jr. of Tyler.

A surgeon recommended that Ruesing's arm and shoulder remain immobile for six weeks until further follow-up, but the city sent Ruesing a certified letter dated three weeks after the second surgery telling him that he must return to work by May 26 with a full doctor's release or face termination, according to the lawsuit.

Ruesing applied for other jobs within the city including public safety communications and meter reading but was told that "he posed a high risk liability to the city should he reinjure his shoulder," the lawsuit stated. By June 1, the city had terminated his job, and his medical coverage had ended.

Hommel said in the suit that the city refused to honor his client's limited work release from his doctor and refused to accommodate his physical limitations.

He alleges that Ruesing suffered "substantial damages for pecuniary losses, mental anguish, loss of enjoyment of life and other non-pecuniary losses" and is owed back pay, compensatory damages, attorney fees and damages for mental distress, according to the suit.

City spokesman Shawn Hara said Ruesing was terminated because of the city's sick leave policy for personnel "which stipulates an employee who is eligible for family medical leave and who has any family medical leave-qualifying reason or combination of sick-related leaves of absence, misses a total of six months within a 12-month period shall be separated from employment due to unavailability to work."

Ruesing had no commendations or disciplinary reprimands in his employee file, said Human Resources Director Bonnie Hubbard.

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