Man accuses mine of retaliatory firing

By Annie Cosby | Jan 12, 2015

MADISON – A Boone County man is suing a mining company alleging wrongful termination.

Shawn Lowry filed a lawsuit Nov. 24 in Boone Circuit Court against Brody Mining and Patriot Coal Corporation, citing retaliatory discharge.

According to the complaint, Lowry was employed as an underground coal miner and roof bolter from July 2009 until July 22, 2014. On July 21, 2014 he arrived at the mine and was told by the inspector to install an additional roof support in the mine. During the same shift, he alleges another mine inspector instructed him to install a second roof support in another area.

The suit states Lowry installed the roof supports but on July 22, he was informed by Brody Mining that he had failed to install an adequate number of roof bolts. He argues he could not have installed the required number of roof bolts at the same time as the roof supports.

The complain states Brody Mining willfully, maliciously and unlawfully terminated Lowry's employment and the the retaliatory discharge has resulted in lost wages and benefits.

Lowry seeks lost wages and benefits, back pay, front pay, interest, costs and fees. He is represented by attorney Harry M. Hatfield of Hatfield & Hatfield in Madison.

Boone Circuit Court case number: 14-C-218

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