CHARLESTON – A Kanawha County man claims the operators of the mine where he worked fired him after he raised safety concerns.
Benjamin J. Barker filed a lawsuit March 23 in Kanawha Circuit Court against Blackhawk Mining LLC, Wildcat Energy LLC and Brandon Gilfilen, alleging retaliatory discharge.
According to the complaint, Barker was an eight-year mining veteran who had worked at Wildcat Energy’s Kanawha County mine for two years. On Aug. 20, 2015 the suit says, Barker refused orders to repair a collapsed high-wall miner machine by crawling beneath its cab, advising co-workers to avoid the allegedly dangerous move. The plaintiff claims the defendant fired him because of his objections to this and previously reported safety concerns.
Barker seeks a jury trial, compensatory and punitive damages, interest and litigation costs. He is represented by attorney Mark S. Plants of the Plants Law Office in South Charleston. Judge Jennifer F. Bailey is assigned to the case.
Kanawha Circuit Court Case number 16-C-418
