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Former employee sues Service Wire Company for wrongful termination of employment

WEST VIRGINIA RECORD

Friday, November 22, 2024

Former employee sues Service Wire Company for wrongful termination of employment

HUNTINGTON -- A former employee is suing Service Wire Company, its manager and plant manager for discrimination.

Tennis Andrew Adkins was employed as a machine operator at the Service Wire Company facility in Colloden, according to a complaint filed June 1 in Cabell Circuit Court.

On Aug. 15, 2002, Adkins suffered an on-the-job injury and was not released to return to work by his physician until November 2002, but because no light duty work was available, he could not return until later, according to the suit.

On May 27, 2003, Adkins claims he again suffered an on-the-job injury and was not released until July 2003 to return to work.

Adkins claims in December 2003 he was called into a meeting with Kevin Rice and was accused of not following proper procedure in having leave approved and of engaging in "insubordination," but after proving that he had his leave properly approved, he informed Rick Sperry that he felt he was being treated different since he had returned to work. He claims Sperry told him that he was being watched.

In December 2003, Adkins was again summoned by Rice and was questioned about his current health status and other issues regarding the on-the-job injury, according to the suit, and was notified that it would be in the best interest of the company if Adkins took an office job with the company.

In November 2007, Adkins claims he was subjected to random drug testing and that the seven employees that had been "randomly" selected for drug testing were all individuals that had injury issues and/or filed Workers' Compensation claims while working for Service Wire Company.

On June 6, 2008, Adkins was terminated from his employment, according to the suit.

Adkins claims he was terminated from his employment due to the fact that he had filed a Workers' Compensation claim.

Adkins is seeking compensatory and punitive damages. He is being represented by Michael D. Payne and Trent A. Redman.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-412

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