PENSACOLA, Fla. – A Florida man has filed a lawsuit against his former employer, Perdue Foods, alleging a former supervisor began retaliating and discriminating against him after he suffered an injury while on the job.
Plaintiff David L. Heady filed his lawsuit November 28 in the U.S. District Court for the Northern District of Florida, Pensacola Division.
The named defendant is Perdue Foods LLC, headquartered in Salisbury, Maryland.
“Defendant unlawfully retaliated against Plaintiff for exercising his rights under workers' compensation laws, discriminated and retaliated against him based on his disabilities, and failed to provide him with reasonable accommodations,” Heady’s 19-page complaint states.
Heady, a Freeport resident, began working for Perdue in June 2001 at its Defuniak Springs growout facility.
In 2004, he assumed a position as a flock supervisor in the breeder department. In 2009, he was promoted to senior flock supervisor. Then, in May 2017, he was promoted to area coordinator, a supervisory position.
In his role as area coordinator, Heady helped reduce long-haul egg haul expenses, and potentially saved Perdue millions of dollars, according to his filing.
Up until April 2024, Heady claims he had a good relationship with his supervisor. On April 24, 2024, he suffered a work-related injury at Double L Farm, requiring stitches. He reported the workers’ compensation injury to Perdue.
That’s when his relationship with his supervisor “deteriorated immediately.”
“The previously cordial relationship became short and contentious in every interaction,” Heady’s complaint states. “Plaintiff felt like he needed to watch his back.”
Then, in June 2024, Heady took six weeks of Family Medical Leave Act, or FMLA, leave for a hernia repair. He claims after his return from leave, he was reinstated to a “diminished position.”
“Plaintiff was no longer a supervisor of associates, despite holding the title of Area Coordinator,” his filing states, adding that when he returned from leave, his supervisor informed him that much of his work had not been completed during his absence.
“When Plaintiff informed his supervisor that he would do his best to ensure both the backlogged work and continuing work were completed, the supervisor became angry and upset,” his complaint states.
On Aug. 30, 2024, Heady was diagnosed with skin cancer. He reported the diagnosis to his supervisor and informed him of the need for surgery and time off.
His supervisor became angry, he claims.
“Because of this intimidation and the hostile work environment, Plaintiff ultimately used PTO time for the skin cancer surgery and recovery instead of FMLA leave,” the complaint states.
Heady was put on suspension without pay Nov. 1, 2024 and terminated Nov. 8, 2024.
“Defendant perceived Plaintiff as unable to perform the essential functions of his position because of his medical conditions and need for accommodations. This perception was not based on Plaintiff's actual abilities or performance,” his filing states.
He seeks compensatory damages including back pay, front pay, and lost benefits; compensatory damages for emotional distress, mental anguish, and humiliation; punitive damages; pre-judgment and post-judgment interest; and reasonable attorneys' fees and costs.
He also seeks an order requiring Perdue to implement reasonable accommodation policies.
Malatesta Law Office in Venice is representing him in the action.
