CHARLESTON – A Kanawha County man alleges he was wrongfully terminated because of his disability.
Justin W. Hanna filed a complaint on June 23 in the Kanawha Circuit Court against Old Dominion Freight Line Inc. and James Bush alleging that they violated the West Virginia Human Rights Act.
According to the complaint, the plaintiff alleges that on Jan. 9, he was advised by his physician that he might be a candidate for spinal stimulators to treat his degenerative disc disease. The suit states he advised Bush of the potential need for time off for the surgery, and that he was terminated the next day for alleged excessive absenteeism.
The plaintiff alleges the defendants' actions caused him to suffer loss of wages and benefits, humiliation, embarrassment, mental and emotional distress and loss of dignity. The plaintiff holds Old Dominion Freight Line Inc. and Bush responsible because the defendants allegedly willfully undertook and recklessly disregarded his rights to take a leave of absence and immediately terminated his employment in anticipation of his need for leave to have back surgery.
The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory damages, punitive damages, attorney fees and costs, pre- and post-judgment interest and such further relief as the court may find appropriate. He is represented by Richard W. Walters of Shaffer & Shaffer PLLC in Charleston. The case is assigned to Judge James C. Stucky.
Kanawha Circuit Court Case number 16-C-792