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Former Employee Alleges Wrongful Termination Against Trucking Company

COOK COUNTY RECORD

Wednesday, December 25, 2024

Former Employee Alleges Wrongful Termination Against Trucking Company

Federal Court
Chicago federal courthouse flamingo from rear

Omair Michael Javed is suing his former employer, M. Raess & Son Trucking LLC, accusing the company of wrongful termination and retaliation. On October 18, 2024, Javed filed a complaint in the United States District Court for the Northern District of Illinois against M. Raess & Son Trucking LLC.

The complaint paints a vivid picture of Javed's employment experience with M. Raess & Son Trucking LLC, beginning on November 7, 2023. Hired to transport hazardous materials such as gasoline and diesel, Javed was committed to safety protocols and frequently reported equipment safety concerns to management. Despite his diligence, he faced dismissive responses from dispatch and management who instructed him to "just use the equipment" despite known issues. The tension escalated when Carlos, a colleague, made indirect threats towards Javed in February 2024—a situation management chose to ignore by stating they did not perceive it as threatening.

The workplace hostility intensified on May 8, 2024, when Carlos directed a homophobic slur at Javed, triggering significant mental distress due to past trauma. When Javed sought intervention from management for these escalating threats, he found himself suspended without pay instead. This suspension stemmed from an alleged twist of words by management that falsely portrayed Javed as having threatened Carlos.

Javed's refusal to attend an unpaid meeting discussing his suspension led to his wrongful termination under the Fair Labor Standards Act (FLSA), which mandates compensation for required meetings even during suspensions. Furthermore, during an unemployment appeal process via Zoom with Harold Mork and Dave Russo from the company’s management team, Javed faced hostility and was interrupted repeatedly—an incident he recorded believing it legal at the time.

In his complaint, Javed accuses M. Raess & Son Trucking LLC of perjury during unemployment proceedings by denying discussions about the threat took place during this Zoom meeting. He seeks various forms of relief including back pay amounting to $41,580 plus ongoing accruals until resolution; future lost earnings totaling $196,560; emotional distress damages ranging between $500,000 and $750,000; punitive damages up to $2 million; compensation for wage violations amounting to $14,340; attorney fees and court costs estimated at $50,000; health insurance coverage for two years; payment of medical bills related to emotional distress; investigation into alleged tax fraud by the defendant with appropriate penalties imposed.

Represented by attorneys whose names are not disclosed in this document summary but whose efforts are crucial in navigating this complex legal battle ahead—Javed seeks justice through Judge LaShonda A. Hunt overseeing this case alongside Magistrate Judge Gabriel A Fuentes under Case ID: 1:24-cv-10781.

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