CHARLESTON — A former employee is suing Waste Management of West Virginia for wrongful termination.
Waste Management of West Virginia and Charles K. "Wally" Fitzgerald were both named as defendants in the suit.
Zachary R. Adams was employed by the defendants as a truck driver until his unlawful termination on Nov. 1, 2021, according to a complaint filed in Kanawha Circuit Court.
Adams claims prior to the termination, on Aug. 12, 2021, he injured his left ankle when he was stepping down onto uneven payment as he was climbing out of his truck during his route and although he was in significant pain, he completed his route and returned the truck to the terminal.
When he got back to the terminal and informed his supervisors, Fitzgerald tried to convince him not to seek medical treatment and that it was just a bad sprain.
Adams, however, ignored Fitzgerald's request and went to MedExpress, where he was diagnosed with a fractured left ankle and his ankle was placed in an air cast. He was then ordered to be non-weight-bearing and to see an orthopedic surgeon.
After filing a Workers' Compensation claim and returning to work with his restrictions, he was still assigned tasks that required him to work outside his restrictions, according to the suit.
Adams claims the defendants refused to accommodate him and then on Nov. 1, 2021, terminated his employment.
Adams is seeking compensatory and punitive damages. He is being represented by Michael P. Addair and Kurt E. Entsminger of Addair Entsminger in Charleston.
The case is assigned to Senior Status Judge James J. Rowe.
Kanawha Circuit Court case number: 23-C-926
