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WEST VIRGINIA RECORD

Friday, April 19, 2024

Worker accuses ex-employers of wrongful discharge

Workerscomp

KINGWOOD – A Monongalia County man says his former employers fired him after he suffered an on-the-job injury and started receiving workers' compensation.

James G. Phillips filed a lawsuit March 1 in Preston Circuit Court against Pioneer Conveyor LLC and Garrett Mine Supply Inc., alleging wrongful discharge.

According to the complaint, after Phillips was injured in mid-February of 2015, he began receiving workers' compensation and was placed on light duty for approximately one week before resuming a normal workload. A few days later, the suit says he was asked to pick up an extra night shift on March 7. When he told supervisors he had plans and offered to pick up a shift on March 6, Phillips says he was suspended without explanation. On March 14, 2015, the suit says Phillips was terminated for alleged insubordination via a letter from the defendant’s human resources department. He alleges his termination was a result of his workers' compensation claim.

Phillips seeks a jury trial and compensation for lost income, mental anguish, legal fees and other damages. He is represented by attorney David M. Grunau of Grunau Law Offices in Morgantown.

Preston Circuit Court Case number 16-C-47

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