West Virginia Record

Wednesday, April 1, 2020

Mason Co. man says U.S. Foods fired him after work injury

By Annie Cosby | Jul 16, 2014


WINFIELD -- A Mason County man is suing over claims he was fired after he was injured on the job.

Thomas Guy Kennedy filed a lawsuit June 19 in Putnam Circuit Court against U.S. Foods Inc. and Roger Turner, citing wrongful discharge.

According to the complaint, Kennedy was injured in an automobile accident, for which he was not at fault, Jan. 25, 2013, while working as a truck driver for U.S. Foods. Kennedy says while he waited at the hospital for treatment, his supervisor, Turner, encouraged him to leave the hospital without treatment, which he refused to do, then was notified by a physician, in front of Turner, he would require surgery and time off work to recover from his injuries.

Kennedy says he notified the office on Jan. 28, 2013, per Turner's instructions, but his employment was terminated. U.S. Foods is accused of wrongful discharge - workers' compensation discrimination and disability discrimination.

Kennedy is seeking damages, back pay and benefits, attorney's fees and reinstatement or front pay.

He is being represented in the case by attorneys Stephen B. Farmer, Matthew H. Nelson and George E. Chamberlain IV of Farmer, Cline & Campbell PLLC in Morgantown. The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court Case No. 14-C-177


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