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WEST VIRGINIA RECORD

Tuesday, April 23, 2024

Mechanic brings discrimination suit against employer

Discrimination1

RIPLEY — A Jackson County man filed a lawsuit against an energy company for his alleged wrongful termination in October 2013.

Bernard Thomas Stark of Sandyville sued Mountaineer State Energy Inc., based in Charleston, on March 2 in Jackson Circuit Court, claiming employment discrimination.

Stark was hired as a mechanic by the defendant in 2013. According to the filing, he performed his job adequately. While moving a service rig on or about Jan. 28, 2014, Stark was injured in his neck, back and shoulders, but continued to work. He was injured a second time on Feb. 12, when he fell from a ladder and hurt his arm, the lawsuit states.

The plaintiff filed a workers’ compensation claim for the second incident and was awarded temporary total disability benefits. When Stark returned to work on Aug. 15, 2014, he was terminated. According to the complaint, new workers had been hired to replace him who were not disabled, had not sought benefits under state employment law and were significantly younger than Stark.

Alleging that the defendant’s intentional age and disability discrimination resulted in pain, distress, inconvenience and loss of enjoyment of life, the plaintiff seeks: compensation for back pay and benefits; reinstatement of future pay; punitive damages; attorneys’ fees; and court costs.

He is represented in the case by Stephen Farmer and Matthew Nelson, of Farmer, Cline and Campbell in Morgantown. The case has been assigned to Judge Thomas C. Evans III.

Jackson Circuit Court case number 15-C-20

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