A former employee has filed a federal lawsuit against CunEx, Inc., and its CEO, Miguel Tavera, alleging violations of employment and disability laws following a workplace injury.
According to the complaint filed by plaintiff Johnny Alvarez, he was hired by CunEx, a FedEx contractor, as a truck driver on November 9, 2020. He alleges that after sustaining a work-related injury on May 10, 2023, he was denied access to medical care and later subjected to retaliation and termination. Alvarez claims that when he informed Tavera of the injury, he was told, “You don’t need to go to any hospital,” and was not provided with information about workers’ compensation coverage or benefits.
Following surgery for a torn meniscus, Alvarez states that he was cleared for light duty in February 2024 but reassigned to an administrative position with modified hours that he claims disregarded his physical limitations. When he returned from leave on April 13, 2024, with full medical clearance, Alvarez alleges that CunEx failed to reinstate him to his original role and instead ceased assigning him any work.
The complaint includes allegations of interference with Alvarez’s rights under the Family and Medical Leave Act, discrimination under the New York State Human Rights Law, and retaliation under the New York Labor Law. Alvarez also asserts that he was subjected to tactics meant to erode his job security, such as being called in on days without any available assignments.
Alvarez seeks damages for lost wages, emotional distress, punitive damages, statutory penalties, and legal costs. He is represented by attorney Jordan El-Hag of El-Hag & Associates P.C. The case has been filed in the U.S. District Court for the Eastern District of New York under case number 1:25-cv-02392.