Man sues Unilin North America for wrongful termination

By Kyla Asbury | Feb 3, 2015

WILLIAMSON – A man is suing Unilin North America after he claims his employment was wrongfully terminated.

Lutrell Staffing Inc., which is doing business as At Work Personnel, was also named as a defendant in the suit.

Gary Wolford was hired by the defendants on July 25, 2013, according to a complaint filed Dec. 12 in Mingo Circuit Court.

Wolford claims during the course and scope of his employment, he was assigned to work at a piece of machinery known as the stacker.

On Aug. 19, 2013, Wolford was working at the stacker when a piece of wood broke off inside the stacker requiring its removal, according to the suit.

Wolford claims he placed a lock and tag on the machine and crawled into it to retrieve the piece of wood and, while removing the broken board, the hydraulics on the machine engaged in a downward motion, causing crushing injuries to his left hand and arm.

After the incident, Wolford reported directly to his immediate supervisor and completed the necessary incident report and after he completed the incident report, he was informed that his services were no longer needed due to safety concerns regarding his employment, according to the suit.

Wolford claims he further contacted an agent of At Work Personnel to report his injury, inquire about his work status and determine when he may be receiving his next paycheck. He claims the agent informed him that his employment had been terminated because he was "accident prone."

The plaintiff's injury was investigated and deemed compensable and he began receiving workers' compensation benefits in September 2013, according to the suit.

Wolford claims the defendants caused him to suffer physical pain and suffering; mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; and annoyance, inconvenience, embarrassment and humiliation.

The defendants violation West Virginia code and the West Virginia Human Rights Act, according to the suit.

Wolford is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Nathan D. Brown and Joshua S. Ferrell of Ferrell & Brown PLLC.


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