Foreman alleges mining operators violated family leave law

By Philip Gonzales | Dec 7, 2016

LOGAN — A Logan County man is suing Buffalo Creek mining complex operators, alleging age discrimination, retaliation and violation of the Family and Medical Leave Act.

Dana Atkins filed a lawsuit Nov. 15 in Logan Circuit Court against Greenbrier Minerals LLC and Bill McCoy, also alleging violation of the Fair Labor Standards Act.

According to the complaint, in January 2015, Atkins' wife was treated for brain cancer. The suit says it was necessary for Atkins to travel to Houston for her treatment but he was not allowed to use his FMLA leave. 

The lawsuit states Atkins, 57, was also not paid proper overtime compensation. The plaintiff alleges the defendants subjected him to discrimination, adverse employment actions and constructive termination, plus the replacement at work by a younger man. The suit says the defendants refused to provide reasonable accommodation and failed to pay overtime premium

Atkins seeks trial by jury, compensation for all unpaid wages and benefits, pre- and post-judgment interest, litigation costs, attorney fees and all other appropriate relief. He is represented by attorneys Larry E. Ford and Sean W. Cook of Meyer, , Ford & Glasser PLLC in Charleston.

Logan Circuit Court Case number 16-c-279

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