Worker accuses employer of retaliatory discharge

By Robert Hadley | Apr 12, 2016

LOGAN – A Logan County man is suing his former employer for allegedly firing him after he filed a Workers Compensation claim.

Zachary S. Martin filed a lawsuit March 24 in Logan Circuit Court against Dardi Distributing Inc., alleging discriminatory/retaliatory actions under the West Virginia Human Rights and Workers Compensation acts.

According to the complaint, Martin was a route salesman for the defendant until his on-the-job injuries forced him take medical leave. After he was cleared to return to work on Nov. 18, 2015, the suit says Dardi told him his position and route had been eliminated, but Martin learned that a co-worker had taken over the position. The plaintiff claims he was discharged for filing a Workers Compensation claim.

Martin seeks a jury trial and punitive and compensatory damages, plus interest and litigation costs. He is represented by attorney Todd S. Bailess of Bailess Smith PLLC in Charleston. Judge William Douglas Witten is assigned to the case.

Logan Circuit Court Case number 16-C-78

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