Auburn man sues company over firing

AUBURN — A local man is suing the company that fired him because he refused to engage in illegal and dangerous acts, he says.

Ernest Donatelli worked as a truck driver for about 10 months in 2007 for Annabelle Lee Inc. in Cape Porpoise. He also worked for Smitty's Fillet House Inc., a business in New York that's affiliated with Annabelle Lee.

Donatelli would drive fish from Maine to Smitty's in New York, then from Smitty's to businesses in New York, New Jersey and Connecticut. He also hauled fish waste from Smitty's processing plant back to Maine.

During that time, Donatelli never was issued warnings or written up, according to the lawsuit he filed Tuesday in Androscoggin County Superior Court.

According to the lawsuit:

In October 2007, Donatelli fell ill. He began coughing up blood during work. He finished his truck route and went to the hospital on a Tuesday.

He called in sick to his supervisor at Annabelle Lee. He stayed overnight at the hospital and was released the next day, a Wednesday.

Doctors told him he could return to work in three days and gave him a note. They also gave him a prescription for cough medicine that warned of dizziness and drowsiness as possible side effects. Donatelli felt certain it would violate his Department of Transportation license if he were to drive a truck while taking the medicine.

He called his foreman the following Sunday to say he was ready to work. He was told he wasn't needed for the Sunday to Monday shift. His foreman said he would see him on Tuesday for that shift. For that reason, on Monday, Donatelli took his medicine.

He checked in Monday evening about his Tuesday shift. His foreman said he needed him to drive that night. Donatelli wasn't prepared to work that Monday because it wasn't his regular shift for him and he had been told he wasn't needed at that time.

He told his foreman he had already taken his medicine and couldn't drive because of its side effects. His foreman said he would try to get a replacement but was unable.

Donatelli explained to his foreman that DOT regulations barred him from driving while on his medication. Donatelli also said he was afraid he might get in an accident.

"Are you refusing to work?" his foreman asked.

Donatelli said he just couldn't drive while on the medication.

"You're all done," his foreman said. "We can't use you."

His personnel file said he was fired for improper absences but didn't show any record of absences, the suit says. The only absence that Donatelli couldn't cover with a replacement was on the Monday he was fired.

He filed a complaint with the Maine Human Rights Commission citing the Maine Human Rights Act and the Whistleblowers Protection Act. After an investigation, the commission found reasonable grounds to believe that discrimination had occurred, the suit says. Unsuccessful efforts to correct the alleged discrimination followed. The commission issued a "right-to-sue" letter to Donatelli.

He alleges the companies discriminated against him because of his actions, which are protected under the Whistleblowers Protection Act. He also alleges he was punished for exercising his civil rights under the Maine Human Rights Act.

Donatelli is seeking to have the court declare his firing unlawful, grant him a permanent injunction against his former employers from engaging in retaliation against him for his actions and order the companies to rehire him and/or pay him for lost wages and benefits. He also is seeking attorney's fees and damages for pain and suffering, psychological upset and other nonfinancial losses.

Phone calls to Annabelle Lee Inc. were not returned Wednesday.