Couple sues City of Huntington for discrimination

HUNTINGTON – A Cabell County couple is suing the City of Huntington and Mayor Kim Wolfe for age discrimination.

Kerry Scott Maynard was employed by the City of Huntington from June 26, 1980, until Nov. 1, 2010, as a heavy equipment operator, according to a complaint filed Nov. 1 in Cabell Circuit Court.

Maynard claims on Oct. 19, 2010, he suffered an on-the-job injury and filed for workers’ compensatory benefits, which he was granted.

On Oct. 27, 2010, Maynard received a memorandum from the defendants stating that he was suspended for an incident that occurred on Sept. 23, 2010, according to the suit, and on Nov. 1, 2010, he received a termination letter that was signed by Wolfe, for violating City of Huntington Employee Rules and Regulations.

Maynard claims the Sept. 23, 2010, incident involved him pushing over a damaged scale house at the Dietz Hollow landfill that was already scheduled for demolition.

Glenn Garrett, Maynard’s supervisor, was present at the time of the incident, but did not address the issue at that time, according to the suit.

Maynard claims following his termination, he applied for and received unemployment compensation.

During the unemployment compensation hearing, the City of Huntington produced a memorandum dated Oct. 14, 2010, suspending Maynard for the Sept. 23, 2010, incident, according to the suit, however, Maynard never received the Oct. 14, 2010, letter, nor could he have been suspended on that date since he was working on Oct. 19, 2010, when he was injured.

Maynard claims he was receiving workers’ compensation benefits and under West Virginia Code, could not be terminated while receiving the benefits.

The defendants’ actions violate the West Virginia Human Rights Act for age discrimination, according to the suit, and their actions violate West Virginia Code for discriminatory termination of an injured employee.

Maynard and his wife, Janet Maynard, are seeking compensatory and punitive damages with pre-judgment interest. They are being represented by Abraham J. Saad.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-727