West Virginia Record

Wednesday, October 23, 2019

Man accuses Marriott of wrongful termination, violating FMLA

By Kyla Asbury | Jan 25, 2016

CHARLESTON – A man is suing Marriott International Inc. after he claims his employment was wrongfully terminated while he was eligible for Family and Medical Leave Act leave.

On Sept. 8, 2011, Johnny D. Canterbury began work for the defendant as a loss prevention officer and, over the next several years, met or exceeded the defendant’s performance standards and by 2015, earned approximately $12.21 per hour, according to a complaint filed in Kanawha Circuit Court.

Canterbury claims he has a 12-year-old son who has a diagnosis of mild mental retardation and his son lives with him and his stepmother and requires continuous care, counseling and treatment at least once a week to treat his mental condition.

Canterbury’s son also has a behavior disorder requiring continuous care and treatment and Canterbury informed the defendant’s management that he required leave from work to provide care and support for his 12-year-old son because of his son’s serious health conditions requiring continuous treatment, according to the suit.

Canterbury claims when he made this request to take leave to care of his son, he was not provided with any documentation, as required by the Family and Medical Leave Act of 1993 and the defendant failed to provide him with any notice concerning his eligibility and/or rights to receive leave under FMLA.

On June 1, the defendant terminated Canterbury’s employment because it claimed he had harassed another employee and he denied the allegations, according to the suit.

Canterbury claims before suspending him, the defendant provided absolutely no verbal or written warning and, to his knowledge, he was the only employee at that location to be terminated while he was eligible for FMLA leave.

The plaintiff is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Hoyt Glazer of the Law Office of Hoyt Glazer PLLC.

The case is assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 15-C-2083

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