WINFIELD – A Hurricane man says he was a victim of discrimination after wrongly being fired after being off the job because of a work-related injury.
Kenneth E. Rooper filed the lawsuit March 16 in Putnam Circuit Court against B D Daily Trucking Inc. and Federal Express Corporation.
Rooper, who was a delivery driver for FedEx but was paid through B D Daily, says he was eligible for and received temporary total disability benefits for a work injury. During that time off the job, he says he underwent surgery and rehabilitation.
In the suit, filed by Nitro attorney Thomas H. Peyton, Rooper says his physician approved him to return to work without restrictions on May 2, 2005.
He requested that he be reinstated to his former position, but he claims both FedEx and B D Daily refused to provide him a comparable position and "notified him that he had been terminated."
"Despite the refusal of the defendants to provide the plaintiff with a comparable position of employment, comparable positions of employment did exist with Federal Express and B D Daily Trucking Inc.," the suit states.
Rooper says the defendants discriminated against him under the West Virginia Code.
As a result of this discrimination, Rooper says he has suffered past and future lost wages; aggravation, annoyance and inconvenience; embarrassment; emotional distress; humiliation; cost of litigation; attorney fees; and specific economic damages related to his lack of employment. He also seeks pre- and post-judgment interest as well as other relief.
Also, because he says the actions of the defendants were wilful, wanton, intentional and/or in total disregard for his legal rights, Rooper is seeking punitive damages. He also
The case has been assigned to Circuit Judge O.C. "Hobby" Spaulding.
Putnam Circuit Court case number: 06-C-87