Worker sues former employer, alleging wrongful termination

By Molly English-Bowers | Oct 5, 2015

CHARLESTON--A Kanawha County man is suing his former employer, alleging wrongful termination, among other charges.

Travis McKeever filed the lawsuit Aug. 28 in Kanawha Circuit Court against 1000 Lincoln Drive Operations, doing business as Valley Center Health Care, Kimberly Mitchell and Jennifer Graley.

According to the complaint, McKeever worked for the defendant as a certified nursing assistant until he was terminated July 20. The suit says he hurt his back and shoulder on the job, sought medical treatment and filed for worker's compensation.

Even though they knew of his injury, the plaintiff alleges defendants Mitchell and Graley gave him an ultimatum: work three unscheduled shifts or be terminated. Because McKeever's injury made work impossible, he says he had no choice but to accept termination, the lawsuit states.

The plaintiff alleges not only did the defendant deny his worker's compensation claim but also his claim for unemployment benefits. McKeever is African-American and says he received different treatment from the defendants during the course of his employment.

The plaintiff charges the defendants with disability discrimination, failure to reasonably accommodate his restricted work duties, discrimination/retaliation, racial discrimination and violation of public policy.

McKeeever seeks lost wages, benefits, back pay, front pay, damages for emotional distress and punitive damages, interest, court costs, attorney fees and a jury trial. He is represented by attorneys Lia DiTrapano Fairless of DiTrapano Law Firm in Charleston, and Elizabeth G. Kavitz of Kavitz Law in Charleston. The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number 15-C-1627.

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