Kyla Asbury Oct. 31, 2012, 9:22am
CHARLESTON -- A man is suing EIN Resources, LLC, after he claims his employment was wrongfully terminated.
Stanric, Inc., was also named as a defendant in the suit.
On June 15, 2011, Curtis Hinkle was injured during the course of his employment with the defendants and filed for and received Workers’ Compensation benefits, according to a complaint filed Sept. 26 in Kanawha Circuit Court.
Hinkle claims due to the injury, he was off work until approximately Aug. 1, 2011.
Stanric was contacted by Hinkle’s vocational rehabilitation worker and Stanric instructed the vocational rehabilitation worker that Hinkle did have a job in which to return and that job modifications were able to be offered at that time, according to the suit.
Hinkle claims on Aug. 23, 2011, he contacted Stanric to advise that his treating physician had released him with no restrictions, however, on Aug. 24, 2011, Stanric and/or EIN permanently laid him off, with no explanation offered, by leaving a message on his home answering machine telling him “not to worry about coming to work.”
The defendants hired numerous individuals from the date that Hinkle was released to return to work, according to the suit.
Hinkle claims the defendants violated the West Virginia Human Rights Act by discriminating against him because of the injury.
As a result of the defendants’ discrimination, Hinkle has suffered loss of pay, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses, according to the suit.
Hinkle is seeking compensatory and punitive damages. He is being represented by Stephen P. New.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 12-C-1947