Former Heiner's worker claims wrongful firing
Cara Bailey Mar. 20, 2007, 2:55am
HUNTINGTON - A former employee of a local bakery has filed a suit against his employer, claiming he was fired because he was injured on the job and filed for workers' compensation.
Rickie L. Phillips filed a suit March 9 in Cabell Circuit Court, against Heiner's Bakery. On March 10, 2005, Phillips claims he was injured when he fell while working in unsafe conditions.
The suit says the unsafe working condition was a violation of a state safety standard. Because of his fall, Phillips experienced severe pain and incurred medical expenses. Because his injury occurred while he was on-the-job, Phillips filed for workers' compensation.
On Feb. 10, 2006, Phillips was fired for his injuries and filing a workers' compensation claim.
West Virginia Code prohibits employers from discriminating against employees who receive or attempt to receive workers' compensation benefits. Therefore, the suit says, Heiner's violated state code by firing Phillips.
Phillips seeks punitive damages from Heiners, as well as any other relief the court deems necessary.
Paula L. Wilson is representing Phillips and the case has been assigned to Judge David M. Pancake.
Cabell Circuit Court case number 07-C-201