A former employee has filed a lawsuit against a municipal corporation, alleging wrongful termination and discrimination due to his disability. On December 5, 2024, David Herberger filed a complaint in the United States District Court for the Northern District of Illinois against the Village of Bourbonnais.
David Herberger, who served as the Assistant Director of Public Works for nearly six years, claims that he was unlawfully terminated by the Village of Bourbonnais in retaliation for exercising his rights under the Family and Medical Leave Act (FMLA) and for requesting reasonable accommodations for his disability. Herberger, an amputee with diabetes, asserts that despite his disabilities, he was able to perform his job duties effectively. The complaint alleges violations of both federal and state laws, including the Americans with Disabilities Act (ADA), FMLA, and common law retaliatory discharge under Illinois law.
Herberger's troubles began when he required medical leave in June 2023 due to complications from knee surgeries. Although initially approved for FMLA leave until December 7, 2023, Herberger sought an extension due to additional surgery scheduled for December 19. Despite submitting all necessary documentation from his surgeon at Mayo Clinic, Herberger faced delays and non-responsiveness from the Village's Human Resource Director. The complaint details how on December 20, 2023, instead of receiving an extension or accommodation request approval, Herberger was informed of his termination because he could not return to work until January 18, 2024.
Herberger contends that this termination was pretextual and discriminatory. He further alleges that during board meetings where new FMLA policies were discussed—policies believed to be less favorable to employees like him—the Village failed to act reasonably or timely regarding his requests. Moreover, despite being medically cleared for light-duty work consistent with his role's administrative nature, such accommodations were denied.
The lawsuit seeks various forms of relief including back pay, compensatory damages for emotional distress and harm to reputation, damages related to pension losses due to unlawful actions by the defendant, liquidated damages under federal statutes, as well as attorney fees and costs. Additionally, Herberger requests injunctive relief to prevent further unlawful employment practices by the Village.
Representing David Herberger is attorney Matthew R. Custardo from Custardo Law LLC. The case is identified as Case No.: 1:24-cv-12512 in front of judges yet unnamed.