Miner files discrimination lawsuit

LOGAN — A Logan County worker filed a lawsuit against his employer for alleged discriminatory retaliation in a 2013 matter.

James E. Perry sued Patriot Coal Corporation, of Charleston, on March 12 in Logan Circuit Court, claiming wrongful dismissal in 2013.

Perry worked for Patriot for about 12 years as a production foreman at the Guyan Mine in Logan County. According to papers filed, he was terminated on or about Nov. 22, 2013, while recovering from an injury unrelated to work for which he had obtained leave under the Family and Medical Leave Act.

The complaint states that the plaintiff was terminated in violation of state law because West Virginia allows unpaid leave for disabled employees. Alleging that he was dismissed because of a disability, specifically being 43 years of age, Perry claims lost wages and benefits, embarrassment and humiliation, and emotional distress.

Citing the defendant for willful disregard of his rights, the plaintiff seeks punitive damages, pre- and post-judgment interest, attorneys’ fees, and costs.

Perry is represented by Steven Wolfe of Wolfe Law Office in Logan and Valentina Wheeler of Wheeler Law Firm in Charleston. The case has been assigned to Judge Roger L. Perry.

Logan Circuit Court case number: 15-C-50