CHARLESTON -- A former employee is suing CAMC Health System, Inc., after he claims his employment was terminated due to discrimination.
Carl Ferguson was employed by the defendant from July 2008 until July 12, according to a complaint filed Nov. 19 in Kanawha Circuit Court.
Ferguson claims that on June 29, he fell off a loading dock during the course of his employment and immediately reported the injury to Camcare, a form of workers’ compensation provided by CAMC.
On July 9, while at work, Ferguson’s shoulder was bothering him and he reported to employee health and went to see his physician, who immediately admitted him to the hospital due to extremely high blood pressure, according to the suit, and although it was clear that Ferguson could not work during the leave of absence required by his medical provider, the defendant was aware that he intended to return to work when he was released by his medical provider.
Ferguson claims that rather than accommodating his need for a temporary leave of two days due to conditions arising out of his temporary disabling condition, the defendant terminated his employment upon his return to work.
CAMC Health System knew or should have known of Ferguson’s need for the accommodation, but failed to provide the accommodation and discriminated against him based on the disability by breaching its duty to reasonably accommodate his disability, according to the suit.
Ferguson claims that rather than provide him with the reasonable accommodation he required, the defendant terminated his payment status and benefits while he was on temporary leave.
The defendant’s alleged conduct was malicious, intentional, callous and in reckless disregard for Ferguson’s protected rights and violated the West Virginia Human Rights Act, according to the suit.
Ferguson is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Lia DiTrapano Fairless and L. Tom Price.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 12-C-2316