Former employee sues ED Coal for retaliation, discrimination

By Kyla Asbury | Dec 6, 2013

CHARLESTON - A former employee is suing ED Coal Inc. after he claims he was retaliated against because of his disability.

Terry Ellis was employed as a mechanic from June 2011 until May 14, 2012, according to a complaint filed Nov. 20 in Kanawha Circuit Court.

Ellis claims during the course of his employment, he consistently performed his duties in a satisfactory manner and met the defendant's reasonable expectations.

Ellis sustained a workplace injury and sought medical treatment. When he attempted to receive Workers' Compensation benefits, he received temporary total disability benefits and while receiving benefits, his employment was terminated, according to the suit.

The defendant violated the West Virginia Human Rights Act for his perceived disability, according to the suit.

Ellis claims he was retaliated against and the defendants failed to reinstate him to his former position or a comparable new position that he was capable of performing upon his demand for reinstatement.

Ellis is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Todd S. Bailess and Joy B. Mega of Bailess Law PLLC.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-2174

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