Former employee sues lumber companies individual for wrongful termination

By Kyla Asbury | Mar 31, 2010

CHARLESTON -- A former employee is suing Gilbert-PLC Lumber, Cabin Creek Lumber Co. and an individual for wrongful termination.

David McNeely was employed by the defendants and on June 1, 2009, he was hit in the back with a piece of lumber and was injured, according to a complaint filed March 10 in Kanawha Circuit Court.

McNeely was taken off work and placed on workers' compensation and on June 28, 2009, he was contacted and informed he needed to fill out a job application as the company name had been changed, but that nothing would change with the statues of his job, according to the suit.

On Oct. 13, 2009, McNeely went to the defendant to turn in another doctor's excuse when Art Broiler asked if he was still off work on workers' compensation, according to the suit.

McNeely claims he informed the defendant he was still on workers' compensation and would be until they could fix his back.

Broiler informed McNeely the company had nothing for him to do and to not come back when he was off workers' compensation, according to the suit. McNeely claims he asked the secretary for a dismissal slip to take to the unemployment office, but was told he never worked for Cabin Creek Lumber, so he could not have a dismissal slip.

McNeely claims the defendants terminated his employment in retaliation for requesting reasonable accommodation for his disability.

McNeely is seeking compensatory and punitive damages. He is being represented by Matthew S. Criswell and Mark L. French.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-455

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