LOGAN – A Mingo County man alleges he was unlawfully terminated from his position.
Mark Endicott filed a complaint Jan. 30 in Logan Circuit Court against Logan-Mingo Area Mental Health Inc., Donna Cooke and Mary Ann Lane alleging violation of the West Virginia Human Rights Act and other counts.
According to the complaint, the plaintiff began his employment with the defendants as a trainer/coach in 2000 and was terminated in April 2016 in order to rehire him as a direct support professional. He alleges this new position required him to transport clients in his personal vehicle under his personal insurance policy, which his insurer told him it would be illegal to transport clients without commercial insurance. He also claims that the state Department of Health and Human Resources Bureau for Medical Services Regulations requires transportation services to be provided by a provider's van or bus.
The plaintiff alleges he was terminated in September 2016. He also alleges he was never compensated for his unused paid time off.
The plaintiff holds Logan-Mingo Area Mental Health Inc., Cooke and Lane responsible because the defendants allegedly terminated his employment "based upon his efforts to bring to their attention to Medicare and DHHR billing and transportation requirements," the suit states.
The plaintiff requests a trial by jury and seeks judgment against the defendant for money equal to back pay and benefits owing, compensatory damages, punitive damages, court costs, reinstatement or front pay, liquidated damages, all other damages, and any further relief the court grants. He is represented by Stephen P. New and Stacey L. Fragile. The case has been assigned to Circuit Judge Joshua Butcher.
Logan Circuit Court case number 18-C-23-B
