MARTINSBURG – A discrimination and wrongful termination lawsuit against Advance Stores Company Inc. has been moved to federal court.
Lonnie A. Gardner, a manager for Advance, was also named as a defendant.
On April 27, 2010, James N. Hott began his employment with Advance as a parts delivery driver, according to a complaint filed Aug. 14 in Mineral Circuit Court and removed to federal court on Feb. 18.
Hott claims at the time of his hire, he was working approximately 30 to 35 hours per week and was making $8 per hour. At the time of his constructive discharge on Sept. 14, 2012, his rate of pay was $8.25 per hour.
At the time of his hire, Gardner and David Lewis knew that Hott had a disability rendering his right arm useless as a result of a congenital birth defect and deformity due to Erb's palsy, according to the suit.
Hott claims Gardner and Lewis knew of his disability because it is readily apparent to a reasonable observer that Hott's right arm is not functional and because he had informed them.
Due to the congenital birth defect in the right arm, Hott worked with his left arm for his entire adult work-life and caused strain and medical problems with respect to his left shoulder, left arm and neck, according to the suit.
Hott claims as a result of working exclusively with his left arm, he has required extensive and prolonged treatment to his left shoulder and arm because of the added strain and exertion placed on his only functional shoulder, arm and hand.
Between 1972 and 2010, Hott had multiple surgeries on his left arm and shoulder, according to the suit.
Hott claims in June 2010, Gardner informed him he would be working weekends, which was not part of the initial job duties when Hott was hired and when he had to work weekends, he was required to unload supplies from the supply truck.
At the time of the new weekend assignment, Hott informed Gardner of his concerns regarding the additional stress placed on his left arm and shoulder and requested that he not be assigned the additional and physically demanding weekend work because of his disability and the concern with his left arm and shoulder, according to the suit.
Hott claims Garden responded by informing him that if he did not accept the weekend work, his hours would be cut and Hott believed Gardner would retaliate against him if he continued to accept weekend work.
Even though Hott agreed to work weekends and continued to work them because he feared for his job, he experienced severe pain and Gardner steadily reduced his working hours from 32 to 26 and then to 16 or 18 hours per week, according to the suit.
Hott claims in 2012 he was required to learn the computer system at Advance and when forced to use the computer to ring up customers, he would be ridiculed and disparaged by Gardner and Lewis.
Whenever Holt would make an error on the computer system, Gardner and/or Lewis would make a point of mocking Hott in front of customers and customers would look at him negatively and with disapproving looks, according to the suit.
Hott claims he complained to Lewis and Gardner that he was being treated unfairly because of his disability.
Due to the humiliating treatment, as well as the abusive and demeaning comments by Lewis and Garden, and coupled with the excruciating pain Hott was suffering, he turned in his resignation on Sept. 14, 2012.
Hott claims the defendants discriminated against him and caused him injuries.
Hott is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by David E. Furrer of the Law Offices of Seigel, Tully & Furrer.
The case is assigned to District Judge Gina M. Groh.
U.S. District Court for the Northern District of West Virginia case number: 3:15-cv-00016