Former Employee Alleges Tech Company Misclassified Him and Retaliated After Medical Leave

Charles Chamberlain Federal Building
Charles Chamberlain Federal Building
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A former employee is taking legal action against a technology company, claiming unpaid wages and wrongful termination. On December 4, 2025, Anthony Kelly filed a complaint in the United States District Court for the Western District of Michigan against Eminent IT LLC, doing business as EminentFuture, along with its executives Jose Risi and Isaac Barnes.

Anthony Kelly alleges that during his eight-year tenure with Eminent IT LLC, he was misclassified as an independent contractor despite being treated as a full-time employee. He claims this misclassification led to him not receiving proper overtime pay, which is a violation of the Fair Labor Standards Act (FLSA). Kelly’s complaint states that he regularly worked over 40 hours per week without receiving time-and-a-half compensation for overtime hours. “Plaintiff estimates he averaged approximately 46 hours of work per workweek,” the complaint notes. The lawsuit further accuses the defendants of retaliating against Kelly after he took medical leave due to Crohn’s Disease under the Family Medical Leave Act (FMLA). Upon returning from his leave in July 2025, Kelly found his work hours significantly reduced before being terminated later that month.

The lawsuit outlines multiple causes of action including violations of both federal and state labor laws. Specifically, it cites breaches of the FLSA for unpaid wages and retaliation under the FMLA for reducing his hours following medical leave. Additionally, it references violations of Michigan’s Wage and Fringe Benefits Act for failure to pay due wages timely and correctly classifying employees. Furthermore, Kelly asserts discrimination based on disability under Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA), alleging that his termination was partly due to his medical condition.

Kelly seeks various forms of relief from the court: reinstatement to his former position, back pay for lost wages and benefits totaling approximately $55,000 plus liquidated damages potentially doubling or tripling this amount due to alleged willful violations by the defendants. He also requests compensatory damages for emotional distress and mental anguish resulting from his employment situation.

Representing Anthony Kelly is attorney Katherine Smith Kennedy from Pinsky, Smith PC law firm located in Grand Rapids, Michigan. The case has been assigned Case ID 1:25-cv-01638 but no judge has been named yet.

Source: 125cv01638_Anthony_Kelly_v_Eminent_Complaint_Western_District_of_Michigan.pdf



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