Foreman accuses mining companies of wrongful discharge

By Philip Gonzales | Sep 15, 2016

PINEVILLE — A Mercer County man is suing Charleston mining companies, alleging disability discrimination and wrongful termination.

Rex O'Dell filed a complaint Aug. 31 in Wyoming Circuit Court against Cliffs Mining Services Company, Pinnacle Mining Company LLC, Seneca Coal Resources LLC and David Toler, alleging violation of the West Virginia Human Rights Act.

According to the complaint, on July 13, 2015, O'Dell was severely injured in a car crash, causing him to miss approximately one week of work with painful back and neck injuries. The suit says he continued to experience severe pain and temporary disability. 

Months after receiving short-term disability benefits, the complaint states, O'Dell was laid off from work Nov. 1, 2015, due to his disability status and/or age. At the same time, the suit says, Seneca was buying out Cliffs. The plaintiff alleges the defendants subjected him to age and disability discrimination and unlawful termination.

O'Dell seeks trial by jury, compensation for all damages in an amount to be determined at trial, attorney fees and court costs, pre- and post-judgment interest and all other relief the court deems appropriate. He is represented by attorneys Kristina Thomas Whiteaker and David. L. Grubb of The Grubb Law Group in Charleston, and by John Einreinhofer of the Law Offices of John Einreinhofer in Charleston.

Wyoming Circuit Court Case number 16-c-114

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