Wayne County News discrimination suit moved to federal court

By Kyla Asbury | Apr 30, 2015

HUNTINGTON – A lawsuit against Wayne County News for discrimination has been removed to federal court.

HD Media Company, which is doing business as Wayne County News, filed its notice of removal, claiming the federal court has original jurisdiction over the matter.

Dennis Lee Martin III began his employment with the defendant in 2011 as a press helper earning $7.25 per hour, according to a complaint initially filed March 16 in Cabell Circuit Court before being removed to federal court on April 13.

Martin claims in August, HD Media Company purchased the Wayne County News and he remained in his job as press foreman and continued his same duties earning $10 per hour.

On Nov. 11, Martin fell from a ladder in the course of his employment and suffered head injuries, according to the suit.

Martin claims he timely applied for and received workers' compensation benefits, including temporary total disability.

On Jan 30., he met with his supervisor, Dave Hamilton, who informed him he was fired from his job, according to the suit.

Martin claims the defendant discriminated against him based on his disability and retaliated against him because he received workers' compensation benefits.

Martin is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Hoyt Glazer, Ben Sheridan and Mitchell L. Klein of Klein, Sheridan & Glazer LC.

The defendant is represented by Scott K. Sheets and Ashley W. French of Dinsmore & Shohl.

The case is assigned to District Judge Robert C. Chambers.

U.S. District Court for the Southern District of West Virginia case number: 3:15-cv-04445

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