Jonathan Ellis

jonellis@argusleader.com

A former veterans’ representative for the South Dakota Department of Labor and Regulation is accusing the state of faking his resignation after he sought to use sick leave for lower back treatment.

James Prostrollo worked in the Sioux Falls office of the Department of Labor and Regulation from April 1, 2013 to April 27, 2015, according to a federal lawsuit he filed against the state this week. The department is responsible for enforcing the state’s labor laws and regulations.

Prostrollo, who is rated as a disabled combat veteran by the U.S. Department of Veterans Affairs, claims the South Dakota Department of Labor violated those laws when it forced him out.

On April 23, 2015, Prostrollo went to his supervisor to request the use of two hours of paid sick time to attend a physical therapy session for his back, the lawsuit says. He also provided dates and times for 10 “provisional sessions” that might be needed depending on how his first session went.

“Prostrollo had sufficient sick leave available in his sick leave bank to cover all of the provisional physical therapy appointments,” the lawsuit says.

Later that day, the supervisor informed Prostrollo that he would need to take unpaid Family and Medical Leave Act time because his condition was “serious.” Prostrollo disputed that, saying his back issue wasn’t a serious health problem that would require unpaid leave.

“Prostrollo canceled the provision (sic) physical therapy appointments because he could not obtain his supervisor’s approval unless he conceded that he had a serious health condition that required FLMA (sic) leave,” the lawsuit says.

On April 27, Prostrollo made arrangements for an ergonomic assessment of his work space to see if it would ease his back pain. Shortly after, he was called into his supervisor’s office, who was there with her supervisor, a department administrator. The supervisor insisted that Prostrollo’s condition required the use of FMLA. When Prostrollo resisted, the department administrator “stood up and said that he accepted Prostrollo’s resignation,” according to the lawsuit.

Prostrollo said he was not resigning, and the administrator again said that he accepted the resignation and instructed Prostrollo to leave his office key at his desk. He then sent an email to department staff announcing Prostrollo’s resignation.

“Prostrollo did not resign, had no intention of resigning and had made a request to have an ergonomic assessment about his workplace approximately one hour before he was terminated,” the lawsuit says.

Prostrollo is seeking relief under the Americans with Disabilities Act. The state has not responded to the lawsuit.