CHARLESTON — A man is suing his former employer after he allegedly was terminated because he filed for worker's compensation.
Joseph E. Fyall filed a complaint on Dec. 4 in the Kanawha Circuit Court against ASI Inc. alleging discrimination due to a work-related injury and subsequent worker's compensation.
While working for the defendant in April 2015, Fyall was involved in an automobile crash. Fyall was required to take time off of work in order to recover from the incident. During that time, he filed for worker's compensation because his injury was work-related. Upon returning to work after his medical leave, he was informed that his position had been filled by another individual. Fyall is suing the defendant for alleged violation of the West Virginia Human Rights Act.
Fyall is seeking compensation for lost wages, benefits and legal fees. He is represented by Robert H. Miller of The Sutter Law Firm PLLC in Charleston.
Kanawha Circuit Court Case number 15-c-2153