Man says he was fired after being injured on the job

By Chris Dickerson | Apr 23, 2015

WINFIELD – A former employee has filed suit against a Putnam County business alleging discriminatory and retaliatory actions.

Darell L. Miller filed his complaint last month against Garage Door Operators Inc. in Putnam Circuit Court.

Miller says he worked for GDO as a service technician from 2012 until he was terminated on Sept. 30, 2014. He says he performed his duties in a satisfactory manner before suffering a workplace injury Sept. 19 when he fell off a faulty ladder owned and maintained by the defendant.

He went to Thomas Memorial Hospital with a painful boil on his right knee. After treatment, he was told to take three days off work. Miller said the knee got worse, and he went back to Thomas on Sept. 21, Sept. 23 and Sept. 29 for knee and severe back pain. He was told to take additional time off.

In a letter dated Sept. 30, he was terminated by the defendant. On Oct. 1, he tried to receive an MRI that already had been order, but his insurance already had been cancelled by the defendant.

He claims GDO didn't pay his wages in a timely manner, violating the West Virginia Wage Payment and Collection Act. He also claims the company discriminated against him because of his injury, a violation of the West Virginia Human Rights Act.

He seeks damages for his injuries, medical expenses, lost wages and benefits as well as damages for indignity, embarrassment, humiliation and emotional distress. He also seeks pre- and post-judgment interest, attorney's fees and court costs. In addition, Miller seeks punitive damages, claiming GDO's actions were willful and undertaken with reckless disregard.

Miller is being represented by Larry O. Ford of Meyer, Ford, Glasser & Radman PLLC in Charleston. The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 15-C-68

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