Lawsuit Alleges Retaliation and Wrongful Termination at Hardee’s

Robert Macklin, a former general manager at a Hardee’s restaurant in Missouri, has filed a lawsuit alleging systemic labor exploitation, retaliation, and wrongful termination. The lawsuit, submitted to the Jackson County Circuit Court, claims that Macklin was forced to work 70 to 80 hours per week due to chronic understaffing and was terminated immediately after returning from approved medical leave. This case highlights growing concerns regarding labor practices in the U.S. fast-food industry, particularly regarding excessive working hours and protections for employees on medical leave.

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Macklin's lawsuit asserts that he was routinely required to work open-to-close shifts and was expected to remain on call during scheduled time off. His hospitalization for severe anemia and leg pain on October 27, 2025, led to a medically approved leave, during which he alleges he was pressured to work despite being under medical orders not to do so. Upon notifying management of his medical clearance to return on December 3, 2025, Macklin claims he was terminated immediately without prior notice or any form of disciplinary action.

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The lawsuit emphasizes that Macklin had not received any final warnings or performance improvement plans that would typically precede termination, suggesting that the firing was retaliatory and directly linked to his medical leave. The timing of his termination, occurring the same day he returned to work, is presented as evidence of disability-based discrimination and retaliation under Missouri state employment law.

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Beyond the termination, the lawsuit alleges that Hardee’s and its franchise operator contested Macklin’s unemployment benefits and made false statements about his job performance in post-termination proceedings. Macklin argues that these actions constitute unlawful retaliation, asserting that employer obligations under labor protections extend beyond termination.

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Before filing the lawsuit, Macklin submitted a formal discrimination complaint to the Missouri Commission on Human Rights, which issued a right-to-sue notice, allowing the case to proceed in civil court. He is seeking monetary damages exceeding $25,000, along with recovery of legal costs and attorney’s fees, and has requested a jury trial.

Employee Who Worked 80 Hour Weeks Files Lawsuit Alleging Termination After Approved Medical Leave

As of the latest updates, Hardee’s and the franchise operator have not publicly addressed the allegations, and no formal response has been filed in court. Employment law experts note that cases like Macklin's often hinge on the timing of adverse employment actions following medical leave and whether established disciplinary procedures were followed.

Employee Who Worked 80 Hour Weeks Files Lawsuit Alleging Termination After Approved Medical Leave

A case management conference is scheduled for April 13, 2026, indicating that the lawsuit is progressing through the legal system. The outcome of this case may have broader implications for labor practices in the fast-food industry, particularly concerning employee rights related to medical leave and retaliation.

Employee Who Worked 80 Hour Weeks Files Lawsuit Alleging Termination After Approved Medical Leave