A man is suing former employer Austin Powder after being injured on the job and later being laid off.
Earl Toney filed a lawsuit Dec. 30 in Fayette Circuit Court against Austin Powder Mt. Hope LLC, Austin Powder Company, William Taylor and Robert Deck.
According to the complaint, on Feb. 21, 2012, Toney was injured at work while employed by Austin Powder and received Workers' Compensation until his physician released him to return to work Sept. 5, 2012. According to the lawsuit, Toney returned to work Sept. 6, 2012, and was laid off by managers Taylor and Deck despite the company having run an ad in a local newspaper for hiring new employees.
The defendants are accused of violation of the West Virginia Human Rights Act, maliciously releasing the plaintiff and making his claim of Workers' Compensation a significant factor in his release, in violation of West Virginia Code 23-5A-1.
Toney is being represented in the case by attorney Stephen P. New.
Fayette Circuit Court Case No. 13C348
Austin Powder sued by former employee after workplace injury
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