Former employee says Walter Energy discriminated against him

By Kyla Asbury | Dec 7, 2012

CHARLESTON – A former employee is suing Walter Energy after he claims his employment was terminated based on his disability or perceived disability.

Maple Coal Co. and Danny L. Stickel were also named as defendants in the suit.

Donnie Roberts was employed by the defendants from Jan. 10, 2011, until Oct. 25, according to a complaint filed Nov. 28 in Kanawha Circuit Court.

Roberts claims during his employment he consistently performed his duties in a satisfactory manner and met the reasonable expectations of his employer.

The defendants discharged Roberts’ employment based upon his disability and/or perceived disability and/or the defendants’ failure to accommodate his disability, according to the suit, which is in violation of the West Virginia Human Rights Act.

Roberts claims the defendants’ actions caused him to suffer lost wages and benefits and caused him indignity, embarrassment and humiliation.

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

Roberts is seeking compensatory damages with pre-judgment interest. He is being represented by Mark A. Atkinson and Harry M. Hatfield.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-2362

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