Coal company wants to keep former employee off property

MADISON -- A mine company claims a former employee carried a handgun onto its property and took unauthorized materials.

Charleston attorney Jonathan L. Anderson presented the complaint of Rhino Eastern LLC on Jan. 31. Wharton resident James T. Foster was an electrician on the midnight shift at the Eagle No. 1 underground mine located in Raleigh County.

Foster was directed not to report for work Jan. 26 due to issues relative to job performance, according to the complaint, and to instead be at the mine office the following morning. Defendant showed up at mine site the night of Jan. 26, according to complaint and appeared upset. He was taken from the bathhouse to an office by electrician Lenox Profitt, who reportedly noticed Foster was carrying a handgun.

"Company policy prohibits employees from bringing firearms onto company property," the complaint notes.

Profitt told Foster to leave the mine site and return in the morning to the main office. Before Profitt went underground, complaint continues, Foster returned. According to complaint, Foster had taken two damaged breakers from the mine shop and a record book required by law pertaining to weekly examinations in the work place.

The coal company asks Judge William S. Thompson to enjoin and restrain Foster from "continued unlawful conduct with respect to the plaintiffs property," from attempting to enter company property, award compensatory damages, pre- and post-judgment interest, and litigation expenses.

Boone Circuit Court case number: 12-C-16