Benchmark accused of wrongful termination

By Kyla Asbury | Nov 1, 2011

CHARLESTON – A former employee is suing Benchmark Performance Group after he claims his employment was wrongfully terminated because of a work-related injury.

Todd Watson, an employee of Benchmark Performance Group, was also named as a defendant in the suit.

Frederick Suck became an employee of the defendants on Oct. 24, 2005, according to a complaint filed Oct. 12 in Kanawha Circuit Court.

Suck claims he sustained a workplace injury on Jan. 30, and filed a workers' compensation claim.

On June 29, Suck was given permission to return to work without physical restrictions from his treating physician, according to the suit.

Suck claims he attempted to return to work, but the defendants failed and/or refused to let him come back to work.

Several days after attempting to return to work, Suck received an employment separation agreement and release, which terminated his employment effective June 30, according to the suit.

Suck claims his employment was terminated because of his high level of income, because of his age and disability and in retaliation for filing a workers' compensation claim.

The defendants' wrongful termination of Suck's employment was willful and malicious and violated West Virginia laws, according to the suit.

Suck is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Gregory B. Chiartas.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-1833

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