BECKLEY – A Beckley man says a job offer from McDonald’s was revoked because of his disability.

William Elwell filed his complaint last month in Raleigh Circuit Court. McDonald’s, McDonald’s Restaurants of West Virginia Inc., Golden Arch Inc., McDonald’s USA LLC and franchisees Tim and Myra Harper are listed as defendants.

In his complaint, Elwell says he applied for a job at the McDonald’s located at 4072 Robert C. Byrd Drive in Beckley in January. He was interviewed Jan. 29, and he says he was hired Jan. 30. He was given an orientation folder that included paperwork and other materials.

On Jan. 31, Elwell says the defendants contacted him and told him they hired “too many people” and would not be able to hire him. He says he later was told the defendants revoked the job because of his retinitis pigmentosa, a degenerative eye disease which causes severe vision impairment.

“Shortly thereafter, plaintiff learned that defendants had not, in fact, hired too many people and that defendants had hired additional employees,” the complaint states.

Elwell says the defendants’ disability discrimination violated the West Virginia Human Rights Act. He said their actions also violated West Virginia public policy.

He said he has suffered injury and damages such as lost wages, emotional distress, humiliation, aggravation, annoyance, inconvenience, mental anguish and other damages. He says the defendants’ actions were willful, wanton, reckless and/or malicious, so he seeks punitive damages. He seeks a judgment for a sum of money equal to backpay and benefits owed to him since the date of the incident. He also seeks reinstatement or front page as well as attorney fees, court costs and other relief.

Elwell is being represented by Adam D. Taylor of Beckley. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh Circuit Court case number: 15-C-759




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