LOGAN – A Logan County man is suing his former employer, a grocery store in Logan, over claims of disability discrimination that resulted in his being wrongfully terminated.
Earl White filed a lawsuit on Nov. 25 in Logan Circuit Court against Town & Country Food Market LLC, alleging disability discrimination, violation of the West Virginia Human Rights Act and intentional infliction of emotional distress.
According to the complaint, White was employed in Town & Country’s meat department in July when he passed out at work and was taken to the hospital. His treatment from that incident included an adjustment to his blood pressure medication. He was also diagnosed with hyperthyroidism but was released to return to work. On July 16, he experienced dizziness and nausea similar to the previous incident. Due to his condition, he needed to leave work. He claims he tried but was unable to reach his supervisor, reporting the matter, instead, to the store’s head cashier. The lawsuit claims White was notified the following day that he had been removed from the work schedule, and his employment was terminated effective July 16.
White is suing for a violation of human rights, claiming he was discriminated against based on a disability and that his firing was pre-textual. He claims Town & Country engaged in wanton, willful and reckless conduct as well as criminal indifference to civil obligations.
White seeks compensatory and punitive damages, unmitigated front pay as well as interests and attorney fees. He is represented by attorney Richard W. Walters of Shaffer & Shaffer PLLC, in Charleston. The case has been assigned to Circuit Judge William Douglas Witten.
Logan Circuit Court Case number 15-C-326