National Guard member sues Town of Elizabeth over loss of job

PARKERSBURG - The Town of Elizabeth faces a lawsuit after terminating a National Guard member.

Doug Haney filed a lawsuit Nov. 13 in U.S. District Court for the Southern District of West Virginia Parkersburg Division against the town of Elizabeth and Penny McVay, individually and in her capacity as mayor, citing the Uniformed Services Employment and Reemployment Act of 1994, public policy and West Virginia Code violations.

Haney states he was employed by the Town of Elizabeth beginning in 1996 and became a member of the National Guard in 2005. According to the complaint, as soon as Haney joined the National Guard, he began to receive discipline from his employer. The plaintiff contends that while he was serving the United States military on active duty in Iraq from January 2008 until August 2009, Elizabeth attempted to terminate his employment.

The complaint states that after the plaintiff returned to work from active duty training, he was terminated based on pretextual reasons on Oct. 16, 2012. The plaintiff's termination was a result of his military service and the defendant's actions constitute discrimination, according to the complaint.

Haney is seeking all relief available under the Uniformed Services Employment and Reemployment Act of 1994, damages under the West Virginia Wage Payment and Collection Act, liquidated damages, punitive damages, costs and other relief the court deems just.

The plaintiff is being represented in the case by attorneys Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline & Campbell PLLC.

United States District Court for the Southern District of West Virginia Case No. 6:13-cv-29352