HUNTINGTON - A Cabell County man is suing Huntington Internal Medicine Group Inc. after he claims his employment was wrongfully terminated in retaliation for filing a Workers' Compensation claim.
Samual Lee Carroll was employed by HIMG from August 2008 until July 2011, according to a complaint filed July 1 in Cabell Circuit Court.
Carroll claims he filed a Workers' Compensation claim for an injury he sustained and three or four days after filing the claim, his employment was terminated in retaliation for filing the claim.
During the course of his employment, Carroll consistently performed his duties in a satisfactory manner and met the reasonable expectations of the defendant, according to the suit.
Carroll claims the defendant stated the reason for firing him because he left for lunch without proper notification, and was needed during the time he was out for lunch to assist with a patient.
As a medical assistant for HIMG, he had notified the other medical assistant that he was leaving for lunch and left when there was another medical assistant, two nurses, one doctor and a physician's assistant on duty and there were no other patients in the office expect the one who required assistance during lunch time, according to the suit.
Carroll claims there was sufficient staff to support the one patient in the office at the time he went to lunch and he claims he was terminated in retaliation for him having filed the Workers' Compensation claim.
The defendant violated the West Virginia Human Rights Act and caused Carroll to suffer damages, according to the suit.
Carroll claims he suffered indignity, embarrassment, humiliation and emotional distress.
The defendant's actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to the rights of the plaintiff, according to the suit.
Carroll is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by J. Anthony Spenia.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 13-C-453