LOGAN – A former employee of a Logan County coal company is seeking compensation for wrongful termination, alleging he was fired because of his age.
Jesse Spry filed the suit Dec. 17 in Logan Circuit Court against Arch Coal Inc., Mingo Logan Coal Co. and supervisors Carlos Porter, Pam Tucker and Jeff Roberts. The plaintiff cites a violation of the West Virginia Human Rights Act as reason for restitution.
According to the complaint, Spry was fired Aug. 14 after working four years for the defendants allegedly on the grounds, in whole or in part, of his age. The 60-year-old employee claims to have been deliberately and willfully treated with reckless indifference and disregard leading up to his termination. The actions against him have caused injury in the form of lost wages and benefits in addition to indignity and embarrassment. Spry charges his former employers with violating the West Virginia Human Rights Act in acts that constitute aiding, abetting, compelling, inciting and coercing.
Spry is seeking punitive damages from the defendants in the amount his lost wages and benefits, back pay, front pay, damages for indignity, prejudgment and litigation fees. He is represented by Mark A. Atkinson and John-Mark Atkinson of Atkinson and Polak PLLC in Charleston along with Matthew M. Hatfield of Hatfield and Hatfield PLLC in Madison. The case has been assigned to Circuit Judge William Douglas Witten.
Logan Circuit Court Case number 15-C-346