WHEELING — An Ohio County citizen filed suit against a Kentucky corporation doing business in West Virginia, alleging negligent infliction of emotional distress and violation of state employment law during his 2014-15 employment period.

Kelly Gannon of Wheeling filed a complaint against Star Mine Services June 22 in Ohio Circuit Court asserting that his employer unlawfully terminated him in January 2015 because of a past addiction which he claims did not affect his job performance.

The suit states that Gannon had a legal prescription for Suboxone for the treatment of his previous pain medication habit. When a co-worker reported medication missing in August 2014, all employees on the shift were drug tested. Gannon avers that even though he had an authorized prescription of his own, Star terminated his employment.

Asserting infringement of the West Virginia Human Rights Act, Gannon faults his former employer for failing to engage interactively with him to discuss accommodations. He maintains that personnel willfully engaged in intentional infliction of emotional distress.

The complaint states that Star Mine’s conduct was “atrocious, intolerable, and so extreme and outrageous so as to exceed the bounds of decency.” According to the filing, Gannon experienced feelings including but not limited to shame, grief, anger and nausea.

Alleging lost income and benefits, humiliation, distress and loss of dignity, the plaintiff seeks compensatory and punitive damages, pre-judgment interest, attorneys’ fees, and costs.

Thompson is represented by Richard Walters of Shaffer & Shaffer in Charleston.

Ohio Circuit Court case number 15-C-190

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