MOUNDSVILLE -- A West Virginia man is suing over claims he was fired from his job after complaining of safety concerns.

Joseph L. Mileto II filed a lawsuit April 2 in Marshall Circuit Court against Consol Pennsylvania Coal Company LLC and Eric Schubel, citing West Virginia Human Rights violations and retaliation.

According to the complaint, Mileto's employment at Consol was terminated on Oct. 25, 2012, after a positive drug test was in line with the use of the medication prescribed for Mileto's back pain, acknowledged and approved by the company.

Mileto says Schubel encouraged him to resign prior to this, as Mileto had complained of safety issues at the company and was nearing a date upon which he would be eligible for extended health benefits at the expense of the employer.

Mileto is seeking damages in an amount to be determined by the court.

He is being represented in the case by attorneys Anthony I. Werner and Joseph J. John. The case has been assigned to Circuit Judge Mark A. Karl.

Marshall Circuit Court Case No. 14-C-611


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