A recent lawsuit claims that an employee was terminated from his job after sustaining a work-related injury, raising concerns about compliance with federal disability laws. The complaint was filed by Earl Clifton on April 14, 2026, in the United States District Court for the Northern District of Georgia against F&S Produce West LLC doing business as F&S Fresh Foods.
According to court documents, Earl Clifton alleges that he was let go by his employer because of his disability, despite having performed his essential job functions for several months following a serious back injury. The filing states that Clifton’s employment with F&S Fresh Foods began before July 2024 and that he suffered a significant back injury when a water heater fell on him while performing work duties around that time. Following the incident, Clifton reported the injury to management and underwent medical evaluation, which resulted in restrictions limiting his ability to lift, bend, and stand.
The complaint outlines that after being released to light-duty work in August 2024, Clifton continued to fulfill all essential job requirements within those restrictions. He operated equipment such as forklifts and warehouse scrubbers and received positive performance reviews during this period. “Plaintiff had no performance issues during his employment,” the document reports. From August 2024 through April 2025, Clifton claims he worked competently under minimal accommodations provided by the company.
The legal dispute centers on events that took place on or about April 16, 2025. On this date, according to the complaint, F&S Fresh Foods’ Human Resources Manager informed Clifton that he was being terminated because “the company would no longer accommodate his medical restrictions and because workers’ compensation no longer wanted to cover his therapy.” The filing asserts that at the time of termination, Clifton remained capable of performing his duties with reasonable accommodations and had not committed any infractions warranting dismissal.
Clifton further alleges that prior to his termination there was no effort by F&S Fresh Foods to identify alternative positions or discuss continued accommodation options with him. “Plaintiff was not offered another role, and there was no interactive process regarding potential accommodations,” states the complaint.
After losing his job, Clifton filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) on June 9, 2025. The EEOC assigned Charge Number 410-2025-10420 to this matter and issued a Notice of Right to Sue on February 26, 2026. This lawsuit was then filed within ninety days of receiving that notice.
The legal claims presented include four counts: ADA Disability Discrimination; ADA Failure to Accommodate; ADA Interference; and ADA Retaliation. In support of these claims, Clifton argues that F&S Fresh Foods violated multiple provisions of the Americans with Disabilities Act (ADA), including treating him as disabled based on erroneous beliefs about his limitations and failing to engage in an interactive process for reasonable accommodation as required by law.
The complaint also asserts that “Defendant acted with malice and/or reckless indifference” toward federally protected rights by terminating employment based on perceived disability or in retaliation for seeking accommodation after injury. It is alleged that these actions caused ongoing damages.
In terms of relief sought from the court, Clifton requests lost back pay with interest, front pay if reinstatement is not possible, compensatory damages for emotional distress or related harm as determined by a jury, punitive damages if warranted by law, attorneys’ fees and litigation costs under applicable federal statutes, as well as any other equitable relief deemed appropriate by the court or jury.
The plaintiff has demanded a trial by jury for all triable issues in this case. Attorney Douglas R. Kertscher represents Earl Clifton in this matter. The case is identified as Civil Action File No.: 1:26-cv-02023-JPB-RDC.
Source: 126cv2023_Earl_Clifton_b_F_&_S_Produce_Complaint_Northern_District_Of_Georgia.pdf
