Kanawha County man says Tri-State Pipeline wrongfully terminated his employment

By Kyla Asbury | Nov 7, 2012

CHARLESTON – A Kanawha County man is suing Tri-State Pipeline, Inc., for wrongful termination of employment.

Eric Taylor, the president of Tri-State Pipeline, Inc., was also named as a defendant in the suit.

Jeffery Sexton was employed by Tri-State as a foreman/operator and consistently performed his duties in a satisfactory manner and met the reasonable expectations of the defendants, according to a complaint filed Oct. 26 in Kanawha Circuit Court.

Sexton claims that on Nov. 11, 2010, he sustained an injury while performing work during the scope of his employment and attempted to receive benefits through West Virginia Workers’ Compensation as a result of the workplace injury.

On Jan. 18, 2011, the defendants unlawfully, willfully and maliciously terminated Sexton’s employment, according to the suit.

Sexton claims at the time of his discharge, he had an open workers’ compensation claim.

The defendants termination of Sexton’s employment was based upon his disability, perceived disability and/or being regarded as disabled, in violation of the West Virginia Human Rights Act, according to the suit, and as a result of the violation, caused Sexton to suffer lost wages and benefits.

Sexton claims he is also entitled to damages for indignity, embarrassment, humiliation and emotional distress.

The defendants’ actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to the rights of Sexton, according to the suit.

Sexton is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Todd S. Bailess and Joy B. Mega.

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

Kanawha Circuit Court case number: 12-C-2164

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