BECKLEY - A coal miner is suing after allegedly being wrongfully terminated.

Steven Darrell Smith filed a lawsuit Dec. 2 in the Circuit Court of Raleigh County against ICG Beckley LLC, Keith Goins, individually and in his capacity as mine superintendent, and Joseph Tussey, individually and in his capacity as general manager, citing disability discrimination, wrongful discharge, violation of West Virginia Wage Payment and Collection Act.

The complaint states in October 2011, Smith was hired as an underground miner. In November 2011, the plaintiff was injured and received a permanent partial disability designation, according to the complaint.

The plaintiff states that in 2013, the defendants began withholding the plaintiff's pay and had to be contacted before compensation was received. The complaint says in May, Smith submitted paperwork to serve as a miners' representative, and Goins then became hostile towards the plaintiff.

In addition, after being allowed to take time off work when his daughter was suffering health issues, he was terminated on June 14, for allegedly violating an unknown agreement, according to the complaint.

Smith is seeking compensatory damages, punitive damages, pre and post judgment interest, attorneys' fees and costs. The plaintiff is being represented in the case by attorneys Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline & Campbell PLLC.

Raleigh County Civil Action No. 13-C-1005

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