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WEST VIRGINIA RECORD

Tuesday, April 23, 2024

Employee accuses Huntington company of illegal termination

Wrongful term 13

HUNTINGTON — A Cabell County man is suing a Huntington business, alleging retaliation and wrongful or constructive termination.

Ricky Mabry filed a lawsuit Sept. 26 in Cabell Circuit Court against Tri-State Paving & Seal Coating LLC, David E. Corns and Un Kyung Corns, alleging violation of West Virginia public policy.

According to the complaint, on May 19, Mabry was terminated from his employment, resulting in lost wages and benefits, embarrassment, humiliation and annoyance. 

The plaintiff alleges the defendants constructively discharged him for raising concerns about employee safety issues, including allowing employees to work and operate equipment while under the influence of illegal drugs.

Mabry seeks trial by jury, damages, pre- and post-judgment interest, attorney fees, court and all other relief. He is represented by attorneys Mark A. Atkinson and John-Mark Atkinson of Atkinson & Polak PLLC in Charleston, and by Robert B. Warner of Warner Law Offices PLLC in Charleston.

Cabell Circuit Court Case number 16-c-608

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