PINEVILLE – A Mallory man is suing a coal mining installation company, alleging he was laid off from his job because he took time off to care for his mother.
John T. Viars filed a lawsuit in Wyoming Circuit Court against Greenbrier Minerals in Rupert and Nathan Brada of Chapmanville, alleging violation of the Family and Medical Leave Act.
According to the complaint, Viars was an employee of Greenbrier Minerals and its predecessors for more than four years. The suit states he took FMLA leave, which he was eligible for, after his mother had open heart surgery in April and again in June when her condition worsened.
The first leave was for one week and the second was for one day, the suit states. Viars says shortly after he returned to work following the missed day of work, he was suspended for five days because his supervisor Brada said he took too much time to complete an assigned task. Viars was then terminated after his suspension ended, the suit says.
The plaintiff alleges he was wrongfully discharged in retaliation for exercising his rights under FMLA when he took leave to care for a parent with a serious health condition. He says his manager told him, during his suspension, that Brada was upset that he took time off to provide care to his mother.
Viars seeks compensatory damages, compensation for emotional distress, punitive damages, attorney fees and costs, plus other relief deemed appropriate by the court. He is represented by attorney Richard W. Walters of Shaffer & Shaffer in Charleston.
Wyoming Circuit Court case number 15-C-170