Former Hardee’s manager files lawsuit; claims worked 80-hour weeks, fired after disability leave

KANSAS CITY, Mo. (KCTV/Gray News) - A former Hardee’s manager in Missouri has filed a lawsuit claiming he was fired for missing approved medical leave.

According to Jackson County, Missouri, Circuit Court records, Robert Macklin filed a disability discrimination lawsuit against ARC Burger, LLC, which owns the Hardee’s in question on East Highway 24.

The suit was filed on Thursday.

Macklin worked at Hardee’s as an assistant general manager before he was promoted to general manager on Aug. 1, 2024, according to the lawsuit.

After his promotion, the suit indicated that Macklin worked 70 to 80 hours a week, with Hardee’s failing to hire enough staff or rectifying the situation.

On Oct. 27, the complaint noted that Macklin was hospitalized with severe anemia and leg pain. The condition reportedly left him unable to work.

Macklin said he notified Hardee’s that day and was approved for medical leave.

However, despite the approved leave, the lawsuit stated that Macklin’s district manager repeatedly texted him and asked him to come into work as the store was short-staffed.

The petition claimed that the district manager knew Macklin’s doctors had ordered him not to work. But fearing for his job, Macklin sometimes went to work anyway, despite health concerns.

While on medical leave, the complaint said that the district manager wrote up Macklin for his absence while ignoring reminders that Hardee’s had approved Macklin’s medical leave.

Macklin told the district manager he believed the write-up was discriminatory. The district manager said he would notify human resources, but did not withdraw the disciplinary action, the lawsuit stated.

Macklin said in the lawsuit that he notified the company on Dec. 3 that he could return to work. However, when he arrived for his shift, the district manager immediately fired him.

When Macklin asked why he was being disciplined for absences Hardee’s had authorized, the district manager said only that the absences were grounds for termination, the lawsuit claims.

According to the petition, Macklin tried to contact human resources multiple times but did not receive a response.

The lawsuit also alleged that Hardee’s retaliated against Macklin after his termination. When Macklin applied for unemployment benefits, Hardee’s allegedly disputed the claim without basis.

Macklin filed a discrimination charge with the Missouri Commission on Human Rights in February 2025. The commission found grounds for his complaint and issued him a notice of his right to sue in September.

The lawsuit seeks more than $25,000 in damages. Macklin has requested a jury trial.

A case management conference has been scheduled for April 13, 2026.

KCTV5 attempted to contact ARC Burger at the email address listed on its website, but the email was returned as undeliverable.