Washington Co. man sues former employer, says he was fired for calling off with covid

A Washington County man who said he was fired after calling off sick with covid-19 symptoms last year is suing his former employer.

David Matyjasek, of Washington, filed the federal complaint on Tuesday against Kellington Protection Services, of Robinson, alleging a violation of the Family First Coronavirus Response Act.

A message left with Kellington on Tuesday evening was not immediately returned.

Matyjasek said in the complaint that he was hired as the director of operations for Kellington in 2013.

But in March 2020, he began to experience covid-19 symptoms, including a fever. Matyjasek visited his doctor, who told him to quarantine for 14 days.

However, a couple days later, the company’s vice president, Michelle Cezrneick, contacted Matyjasek and told him, “ ‘Don’t be a [expletive], come to work,’ ” the lawsuit said.

The owner of the company, Aaron Kellington, then said, “ ‘I don’t care how sick you are, you need to come back to work or lose your job,’ ” the complaint continued.

Matyjasek told them that his doctor ordered him to quarantine for 14 days, and he then asked if he could use his vacation time, or paid time off. The lawsuit said he had three sick days, three PTO days and 14 vacation days available.

Kellington told him he could not use any of it, the complaint said.

“Mr. Kellington further informed plaintiff, ‘if you decide to come back — well, that’s if we have anything for you — you will have to start all over again and receive a 75% pay cut,’ ” the lawsuit said.

Matyjasek was fired on March 26, 2020.

According to the complaint, Matyjasek was qualified for 80 hours leave under the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act.