CHARLESTON -- A national retail chain is being sued by a former employee claiming he was fired for seeking workers' compensation.


Stephen Lovejoy filed suit in Kanawha Circuit Court on Feb. 18, naming Wal-Mart and Ryan Duncan as the defendants.

Lovejoy was employed by Sam's Club, working at it's 2500 Mountaineer Blvd. location in Charleston, according to his complaint. He says he was injured in February 2012 while pushing a load of buggies from the parking lot to the store.

Following his injury, Lovejoy says he asked Duncan, his manager, for a workers' compensation application on a number of occasions, but one was not provided. Lovejoy says he eventually went and told Duncan he would have to miss work so he could get surgery and Duncan became hostile.

On March 25, Lovejoy was allegedly fired for seeking workers' compensation, which would violate West Virginia code.

Lovejoy is seeking an undisclosed amount in damages.

He is being represented by attorney Edward G. Atkins. The case has been assigned to Circuit Judge Paul Zakaib.

Kanawha Circuit Court Case No. 14-C-333

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