CHARLESTON – A former employee says Con-way Freight Inc. wrongfully terminated his employment after he suffered an on-the-job injury.
Morgan Conley was employed by Con-way as a part-time forklift operator in May 2011 and was promoted to full-time in February 2012, according to a complaint filed May 1 in Kanawha Circuit Court.
Conley claims on July 28, 2012, he was involved in a workplace accident when the forklift he was operating fell over the edge of a loading bay.
The accident was not Conley’s fault and he suffered injuries and filed for benefits under the West Virginia Workers’ Compensation Act, according to the suit.
Conley claims he was awarded temporary total disability benefits and was placed on a medical leave of absence as a result of his injuries. He was able to return to work on Oct. 8.
On Oct. 8, Con-way terminated Conley’s employment and has hired individuals who have not filed claims for benefits under the West Virginia Workers’ Compensation Act to perform tasks for which Conley was capable of performing, according to the suit.
Conley claims the defendant’s conduct was malicious, intentional and in reckless disregard for his protected rights.
Con-way discriminated against Conley for his disability and caused him to suffer loss of pay, physical pain, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses, according to the suit.
On July 28, Conley was involved in a workplace accident when the fork lift he was operating fell over the edge of a leading bay. Conley claims he was placed on a medical leave of absence as a result of the injuries he sustained in the accident and was released to return to work on Oct. 8. On that same day, his employment was terminated.
Conley is seeking compensatory and punitive damages and reinstatement. He is being represented by Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline & Campbell PLLC.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 13-C-846