Air National Guard member says he was fired because of military service

MARTINSBURG - An employer faces a lawsuit after terminating an Air National Guard member.

Troy Barrett filed a lawsuit Nov. 8 in U.S. District Court for the Northern District of West Virginia against Americast Inc. and Concrete Pipe & Precast LLC, citing the Uniformed Services Employment and Reemployment Act of 1994.

The plaintiff contends he was employed by Americast, which merged to become Concrete Pipe & Precast, beginning September 2011 and was a member of the Air National Guard.

The complaint states that in May 2012, Barrett gave notice to his employer that he was called to active duty military service and on Aug. 8, 2012, the plaintiff was requested to stop by the office, where he was terminated. The plaintiff's termination was a result of his military service and the defendant's actions constitute discrimination, according to the complaint.

Barrett is seeking all relief available under the Uniformed Services Employment and Reemployment Act of 1994. The plaintiff is being represented in the case by attorney David M. Hammer of Hammer Ferretti and Schiavoni.

United States District Court for the Northern District of West Virginia Case No. 3:13-cv-163