WHEELING – A former employee is using CertainTeed Gypsum West Virginia Inc. after he claims it violated the West Virginia Human Rights Act by terminating his employment.
Richard E. Baker II was employed by CertainTeed from Aug. 27, 2007, until June 20, according to a complaint filed Jan. 23 in Marshall Circuit Court and removed to federal court last month.
Baker claims he was scheduled to be off from June 4 until June 13 and on Monday June 9, he injured his right shoulder while he was off work and scheduled an appointment for June 11.
The physician diagnosed Baker with rotator cuff tendinitis and advised he not return to work until he recovered.
Baker claims he requested a temporary leave of absence and applied for short-term disability benefits through his employment and on June 18, after he had seen his physician, Baker contacted CertainTeed regarding his ability to return to work without restrictions on June 23.
On June 21, Baker received a letter at his home dated the previous day informing him that he was ineligible for a leave of absence beginning June 9 and that his employment was terminated, according to the suit.
Baker claims after CertainTeed fired him, it paid him $866.68 on June 26, in gross short-term disability benefits.
The defendant violated the West Virginia Human Rights Act and the West Virginia Wage Payment and Collection Act, according to the suit.
Baker claims he suffered damages because of the defendant's actions.
Baker is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Ronald William Kasserman of Kasserman Law Offices PLLC.
The case is assigned to District Judge John Preston Bailey.
U.S. District Court for the Northern District of West Virginia case number: 5:15-cv-00021