Harmon Marks Oct. 25, 2012, 10:55am
MADISON – Norma Sue Ferrell claims gender and age factored into losing her job that included running parks and truck driving for coal companies.
She was employed from August 2007 until the end of last year by defendants Eagle Creek Mining, LLC; JMP Coal Holdings, LLC; JMP Holdings, LLC; and Gary Ludwig, her supervisor.
Madison Attorney Matthew M. Hatfield filed the woman’s case Aug. 21 in Boone Circuit Court, with jury trial expected next August before Circuit Judge William S. Thompson.
Ferrell says she was injured in March 2011 “attempting to move and/or load heavy parts into a truck…”
She notes the work-related injury qualified her for Workers’ Compensatory temporary total disability benefits from March through August 2011.
Complaint says “defendants willfully, maliciously and unlawfully” failed to reinstate her, violating the West Virginia Human Rights Act.
She claims defendants paid her less per hour “than her younger male co-workers…in the same, or similar, position(s);” that when she applied for jobs for which she was qualified, those positions went to younger male workers with less experience.
Detailing five causes of action, suit wants jury awards to include lost wages and benefits; back and front pay; damages for indignity, embarrassment, humiliation and emotional distress; punitive damages to be determined; pre- and post-judgment interest; litigation costs; and such further relief deemed just and equitable.
Boone Circuit Court case number: 12-C-193