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Wayne man says he was fired for missing doctor's appointment
10/2/2008 10:30 AM By Kelly Holleran -Cabell Bureau
HUNTINGTON -- A Wayne County man has filed suit against Steel of West Virginia, alleging he was wrongfully fired after he did not attend a doctor's appointment the company had scheduled for him.
Nolan K. Berry was injured on Aug. 9, 2006, while performing his duties as gripper operator for the company, according to a complaint filed Sept. 15 in Cabell Circuit Court.
Berry claims he was treated at Cabell Huntington Hospital and placed off work for two days.
He was released to return to his job on Aug. 11, 2006, the suit states.
But when Berry went to work on Aug. 14, he was sent home by his supervisor and told to contact Larry Black, No. 1 mill superintendent, according to the complaint.
Since then, the company has refused to allow Berry to return to work because he did not attend a doctor's appointment the company scheduled two days after he was released to return to work, the suit states.
Berry claims he has lost income and experienced a diminished earning capacity in the future, annoyance and aggravation.
He claims Steel of West Virginia violated Berry's contractual rights and progressive disciplinary standards.
Berry is seeking unspecified compensatory damages, plus costs and pre- and post-judgment interest.
Donald R. Jarrell of Wayne will be representing him.
Cabell Circuit Court case number: 08-C-804
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