Man says Appalachian Tire Products fired him for workers' comp claim

By Philip Gonzales | Nov 16, 2016

CHARLESTON – A Kanawha County man alleges he was wrongfully terminated for filing a workers' compensation claim.

James D. Deem Jr. filed a complaint on Oct. 31 in the Kanawha Circuit Court against Appalachian Tire Products Inc. alleging that the former employer violated the West Virginia Human Rights Act and the West Virginia Workers' Compensation Act.

According to the complaint, the plaintiff was injured at work on Sept. 11, 2015, and received workers' compensation benefits from the incident. The suit states was placed on a leave of absence on April 1 because of his workers' compensation claim, returned to work on May 6 and was terminated on the same day. He alleges he was told his termination was the result of financial conditions.

He alleges he has suffered loss of pay, physical and emotional pain, loss of enjoyment of life and other non-pecuniary losses. The plaintiff holds Appalachian Tire Products Inc. responsible because the defendant allegedly wrongfully terminated his employment, hired another employee to perform his duties and refused to offer him another position to which he is qualified.

The plaintiff requests a trial by jury and seeks award for compensatory damages, punitive damages, reinstatement or front pay, attorneys' fees, costs and such other relief as the court deems proper. He is represented by Stephen B. Farmer and Matthew H. Nelson of Farmer Cline & Campbell PLLC in Morgantown. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court Case number 16-c-1655

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Farmer Cline & Campbell PLLC Farmer, Cline & Campbell, PLLC Kanawha Circuit Court

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