Former employee sues Excel for wrongful termination

By Kyla Asbury | Jun 20, 2013

CHARLESTON -  A former employee is suing Excel Modular Scaffold and Leasing Corporation after he claims his employment was wrongfully terminated.

Randy Campbell, an employee of Excel, was also named as a defendant in the suit.

In January 2011, Joshua Brothers was hired by the defendants, according to a complaint filed May 31 in Kanawha Circuit Court.

Brothers claims on June 1, 2011, he sustained a work injury and sought treatment for the injury. The injury was a compensable injury under the West Virginia Workers' Compensation Act, he claims.

The defendants terminated Brothers' employment on June 3, 2011, according to the suit.

Brothers claims he was in the process of attempting to file a Workers' Compensation claim and Excel had knowledge he and his attending physician completed a West Virginia Workers' Compensation Employees' and Physicians' Report of Occupational Injury or Disease.

When Brothers was medically released to return to work, he requested to be reinstated with Excel, but the defendant discriminated against him and refused to reinstate him, according to the suit.

Brothers claims the defendants violated the West Virginia Human Rights Act and also failed to pay his final wages in a timely manner, which violated the West Virginia Wage Payment and Collection Act.

The defendants' actions caused Brothers to sustain damages, according to the suit.

Brothers is seeking compensatory and punitive damages. He is being represented by Mark Goldner and William P. Lauro of Hughes & Goldner PLLC.

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

Kanawha Circuit Court case number: 13-C-1052

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