Mine worker alleges wrongful termination

By Dan Harkins | May 7, 2015


LOGAN – A mine worker has sued his former boss, alleging he was fired when he became sick with an illness.

David Graham filed a lawsuit last month in Logan Circuit Court against Hawkeye Contracting Co. of Charleston and Boyd L. Adams.

According to the complaint, Graham was hired by Hawkeye Contracting for 11 months to work at a mining operation in Logan County, ultimately known as Eagle Creek No. 5, where he drove and operated heavy trucks and machinery.

The suit states on March 19, after months of consistently good performance, Graham became ill and had to leave for medical care, and he reported this to a coworker, a safety officer and his boss. Nevertheless, the lawsuit states, right after seeking treatment, while he was recovering from his illness, the company advised Graham he was terminated.

The lawsuit states this action violates the state's Human Rights Act as well as West Virginia Public Policy.

The plaintiff cites disability discrimination, failure to accommodate and violation of public policy.

Graham seeks lost wages and benefits, back pay, front pay, damages for "indignity, embarrassment, humiliation, annoyance, inconvenience, emotional distress" and punitive damages. He is represented by attorney Steven S. Wolfe of Wolfe Law Office in Logan.

Logan County Circuit Court case number: 15-C-84

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