Latrobe man alleges packing firm wrongly fired him after he reported safety issues

A Latrobe man claimed in a federal lawsuit filed this week he was improperly fired from a packaging manufacturer as retaliation after reporting suspected safety issues.

Patrick Mitchell, in a six-count complaint filed in U.S. District Court in Pittsburgh, said he became ill while working at Opco Inc., a Latrobe-based producer of foam and insulation products, and was fired after 14 months on the job because of his disability that resulted from a suspected cancer diagnosis.

Mitchell was hired to work at the company’s warehouse in January 2022, according to the lawsuit. He was scheduled to work six 10-hour days a week when he was exposed to smoke and chemicals that resulted from working with Styrofoam heated to high temperatures, he claims in legal documents.

Mitchell contends that exposure was caused by safety violations at the warehouse related to inadequate ventilation, a lack of respiratory gear and other job safety concerns.

He said his managers were aware of his deteriorating health issues, shifted his work hours to the night shift and initially allowed him to take time off work, but eventually fired him by email March 30, 2023, after repeated job absences.

Mitchell’s health diagnosis was not part of the lawsuit. His attorney declined to comment Thursday.

Mitchell, in the lawsuit, contends his position was protected under the American’s with Disabilities Act.

“Mr. Mitchell reported the unsafe working conditions to Defendant numerous times and to at least three different plant managers. Defendant failed to rectify any of the issues brought to its attention by Mr. Mitchell,” according to the lawsuit.

Mitchell is seeking to return to work and, in the alternative, back and future pay from the company. He also is seeking compensatory and punitive damages.

Opco Inc. officials did not respond to a request for comment.