OS Restaurant Services LLC; and Jeremy Webb, an employee of Outback and/or OS were also named as defendants in the suit.
On July 16, 2016, Plez Marshall III was working as a dishwasher at Outback in Barboursville and Webb was working as his manager, according to a complaint filed March 16 in Cabell Circuit Court.
Marshall claims during his shift, he went outside to assist a co-worker with taking the trash out and, upon his return inside the restaurant, Webb had called for a staff meeting.
During the staff meeting, Webb began addressing the staff and when Marshall spoke up to address Webb’s concerns, Webb got in Marshall’s face, began violently poking him and called him a racial slur, according to the suit.
Marshall claims in response to the physical, verbal and discriminatory abuse, he immediately left the restaurant to avoid further physical, verbal or discriminatory confrontation with Webb.
The plaintiff’s next scheduled work day was July 20, 2016, and when Marshall called the restaurant to see if he was on the work schedule, he was informed his employment was terminated by Webb, according to the suit.
Marshall claims the defendants wrongfully terminated his employment in violated of the West Virginia Human Rights Act.
Webb’s actions also constituted battery upon Marshall, according to the suit.
Marshall is seeking compensatory and punitive damages. He is being represented by Richard Weston and Connor Robertson of Weston Robertson.
The case is assigned to Circuit Judge Christopher D. Chiles.
Cabell Circuit Court case number: 17-C-171