St. Croix man gets chance to pursue federal disability claims in job-loss case

A St. Croix worker who says he was fired after suffering a stroke has been given until October 5 to amend his federal lawsuit to pursue disability and medical-leave claims, a federal judge ruled this month.

David Knolly Carter worked as a heavy-equipment operator for Heavy Materials LLC (doing business as Vulcan Materials Company) for 17 years before his employment ended in October 2023. According to his complaint, Carter suffered a stroke on December 29, 2022, while on scheduled leave and was hospitalized until January 3, 2023.

After his healthcare provider cleared him to return to work on February 12, 2023, Carter says the company required him to see a company doctor and undergo drug screening but never provided dates or further details. The dispute continued when another medical clearance in September 2023 requested light-duty work, which Heavy Materials said it could not accommodate. Carter alleges he received a text message on October 20, 2023, from a human resources manager stating he was no longer employed because the company could not accommodate "indefinite light-duty work." He says he never received a formal termination letter despite repeated requests.

Chief District Judge Robert Molloy ruled on September 22 that Carter's claim under Virgin Islands wrongful-discharge law cannot proceed because his employment was governed by a collective bargaining agreement with the United Industrial Workers of the Seafarers International Union of North America, AFL-CIO. Federal labor law preempts territorial wrongful-discharge claims in such cases, the judge found.

However, Molloy dismissed the complaint without prejudice, meaning Carter can file an amended version. The judge determined that Carter's allegations could potentially support claims under the Americans with Disabilities Act or the Family and Medical Leave Act, federal statutes that do not automatically require interpretation of the collective bargaining agreement.

The judge did not rule on whether Heavy Materials actually violated either federal law. Instead, he gave Carter the opportunity to file an amended complaint properly stating such claims. If no amended complaint is filed by October 5, 2026, the case will be dismissed.