A former employee has taken legal action against his previous employer, alleging interference with his rights under the Family and Medical Leave Act (FMLA), breach of contract, and invasion of privacy. The complaint was filed by Lawrence Jeleniewski in the United States District Court for the Northern District of Illinois on April 18, 2025, against ABF Freight System, Inc.
Lawrence Jeleniewski, a resident of Orland Park, Illinois, worked as a Pickup and Delivery driver for ABF Freight System from November 3, 2006, until August 22, 2023. During his employment, Jeleniewski suffered from bilateral knee pain and osteoarthritis. This condition led to unpredictable flare-ups that were severe enough to impair his ability to work safely. Consequently, he was approved for intermittent leave under the FMLA. On August 18, 2023, after experiencing a nighttime flare-up that left him unable to sleep or safely operate a vehicle during his scheduled shift at 6:00 a.m., Jeleniewski requested FMLA leave for the day. Later that day, feeling somewhat recovered but still fatigued from lack of sleep earlier in the night, he attended a drag racing event as a spectator—a decision that would later become pivotal in the unfolding legal drama.
Unbeknownst to Jeleniewski at the time, ABF had hired a private investigator to monitor his activities on August 18 due to suspicions regarding his use of FMLA leave. The company accused him of dishonesty based on unspecified Facebook posts and observations made by the investigator. Despite these accusations, ABF failed to provide concrete evidence countering Jeleniewski's explanation that he was too fatigued to perform his duties safely due to his medical condition's unpredictability.
Jeleniewski's employment was terminated on August 22, 2023. He subsequently applied for unemployment insurance benefits through the Illinois Department of Employment Security (IDES). Initially assured by ABF that they would not contest his claim for benefits; however contrary actions were taken by ABF when they opposed his IDES claim citing misconduct allegations which delayed benefit collection significantly over more than one year involving multiple appeals processes including an administrative review lawsuit in Cook County Circuit Court before eventually securing benefits.
In addition to seeking lost wages and benefits due to alleged FMLA interference by failing proper administration procedures while subjecting him unnecessarily intrusive surveillance without legitimate cause resulting ultimately terminating employment unjustly causing emotional distress - plaintiff claims breach contract asserting valid enforceable agreement existed between parties whereby defendant promised not contest unemployment yet did so breaching terms leading financial hardship delays receiving compensatory damages incurred attorney fees other costs fighting obtain deserved entitlements court seeks award relief just proper including punitive measures addressing privacy violations committed surveilling private movements social media attempts gather unrelated job performance facts aimed intimidating harassing discrediting exercise legal rights further compounding distress embarrassment reputation damage experienced individual dedicated service spanning decades concluded filing demand jury trial issues presented before judiciary represented Pietrucha Law Firm LLC counsel Cynthia Pietrucha Esq presiding Honorable Judge assigned Case No.:1:25-cv-4254