Former employee says Enerfab wrongfully terminated employment

By Kyla Asbury | Aug 23, 2013

WINFIELD - A former employee is suing Enerfab Inc. for allegedly wrongfully terminating his employment after he was injured on the job.

On Oct. 9, Carl Carmichael was involved in a work place accident and the defendant submitted him to a drug screen as a result of the accident, according to a complaint filed July 30 in Putnam Circuit Court.

Carmichael claims the drug screen was positive for a prescribed medication, for which he had a valid prescription.

Despite having a valid prescription for medication, the defendant terminated his employment, according to the suit.

Carmichael claims the reason that the defendant gave for his termination was that he failed to meet site safety requirements.

The requirement that an employee advise an employer of any prescribed medication violations the West Virginia Human Rights Act, according to the suit.

The defendant violated the West Virginia Human Rights Act

Carmichael is seeking compensatory and punitive damages. He is being represented by Amy C. Crossan of Bouchillon, Crossan & Colburn LC.

The case has been assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 13-C-249

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