Man claims harassment, hostile work environment

By Kyla Asbury | Jul 27, 2011

CHARLESTON -- A former employee is suing Shakerzzz and Moverzzz, LLC, after he claims he was harassed for filing a workers' compensation claim.

Eric Dwire, an employee of Shakerzzz and Moverzzz, also was named as a defendant in the suit.

Jared Duty was employed by the defendants as a belt technician/laborer on April 7, 2009, according to a complaint filed June 24 in Kanawha Circuit Court.

Duty claims during the course of his employment, he was injured on the job when the tip of his finger was severed.

Dwire tried to persuade Duty not to file a workers' compensation claim, but he did so anyway, according to the suit.

Duty claims while off work and receiving medical care, Dwire persistently demeaned and harassed him for filing the compensation claim, undergoing medical care and taking time off work for the injury.

After some period of medical care and treatment, Duty was released to return to work with restrictions, but despite having full knowledge of the nature of the restrictions, Dwire ordered Duty to perform tasks which were clearly beyond the restricted work/injury capacity, according to the suit.

Duty claims Dwire also solicited him to provide sexual favors, of which he asked him to stop.

As a result of the sexual misconduct of Dwire, Duty was humiliated, embarrassed and uncomfortable, according to the suit.

Duty claims Dwire created a hostile work environment, which forced Duty to leave his job on Aug. 25, 2009.

Duty is seeking compensatory and punitive damages. He is being represented by Paul K. Reese.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-1062

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