By KYLA ASBURY
WILLIAMSON – A man is suing Mike Ferrell Ford Lincoln Inc. after he claims the defendant wrongfully terminated his employment.
Jacob Johnson was employed as a general laborer for the defendant and was tasked with cleaning cars and the dealership's lot, according to a complaint filed in Mingo Circuit Court.
Johnson claims on Dec. 10, 2010, he injured himself as he was placing keys in the doors of parked vehicles when he slid and his right foot became lodged under the back tire of a Ford F-150 truck, causing a fracture to his foot.
The plaintiff went to Williamson Memorial Hospital and then to St. Mary's Medical Center for the injury and was placed under the care of Dr. Stanley Tao at Scott Orthopedic Center, according to the suit.
Johnson claims Tao planned to release him to return to work on March 31, and when he reported to the defendant's general manager, Mike Honeycutt, that day, he was informed that he had been replaced and there was no work position available for him.
The defendant hired at least two employees in the same or similar positions when Johnson was injured and off work and then hired another employee to the same or similar position after he informed the defendant he was released to work, according to the suit.
Johnson claims since being released to work he had made numerous efforts to restore his work position and on April 29, he was required to return his work uniforms due to being terminated.
The defendant violated West Virginia code, discriminated against him because of his disability and caused Johnson indignity, humiliation, embarrassment and other emotional distress, according to the suit.
Johnson claims the defendant wrongfully terminated his employment and retaliated against him because of his work injury.
Johnson is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Nathan D. Brown and Joshua S. Ferrell of Ferrell & Brown PLLC.
The case has been assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case number: 15-D-95