HUNTINGTON - A man is suing General Building Supply Inc. after he claims his employment was wrongfully terminated.
Ernest B. Wagers was employed as a shop worker with GBS until his employment was terminated on April 28, 2014, according to a complaint filed in Cabell Circuit Court.
Wagers claims during the course of his employment, he performed his duties in a satisfactory manner and met the reasonable expectations of the defendant.
On March 11, 2014, during his work shift, Wagers was struck by a lid to a steel tool box causing him to suffer injuries to his neck and shoulders, according to the suit.
Wagers claims following the workplace accident, he informed his supervisor, Steve Waggoner, that he had been injured and in response, Waggoner told Wagers to shake it off and he refused to fill out an accident report.
The plaintiff experienced severe pain from his injuries and a co-worker transported to Cabell Huntington Hospital, where he attempted to receive workers' compensation benefits relating to the injuries he sustained while working for GBS, according to the suit.
Wagers claim the defendants were aware that he attempted to receive workers' compensation benefits and his claim was approved.
On March 28, 2014, Wagers returned to work on modified duty.
Following the return to work, Wagers was ordered to prepare an awning to have ready for delivery in Ashland, according to the suit.
Wagers claim he complained that the work area was cluttered with material, unsafe and that he needed help moving the equipment so he could get the awning ready.
The defendant refused to accommodate Wagers' request and instead, unlawfully, willfully and maliciously terminated Wagers' employment after he asked for help with lifting equipment, according to the suit.
Wagers claims he was still receiving workers' compensation benefits when his employment was terminated.
The defendant violated the West Virginia Human Rights Act, the West Virginia Workers' Compensation Act and the West Virginia Wage Payment and Collection Act, according to the suit.
Wagers is seeking compensatory and punitive damages. He is being represented by Todd S. Bailess and Joy B. Mega of Bailess Law PLLC.
The case is assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number: 15-C-382