Frank Brown began his employment with the defendant on March 14, 2016, according to a complaint filed in Kanawha Circuit Court and later removed to federal court.
Brown claims he was 58 years old and performed his duties in a satisfactory manner during his employment.
Prior to his employment with the defendant, Brown had worked at the same location performing the same duties for two years for DuPont and/or Chemours, according to the suit.
Brown claims the previous employers were satisfied with his job performance.
On Sept. 6, Brown was informed by his physician that he had cancer and he informed his supervisor, Ron Blankenship, of the diagnosis the following day because he would need to have time off for surgery and possibly other treatment, according to the suit.
Brown claims a few hours later, he was called into a meeting with Blankenship and Donna Stanley from Human Resources.
At that meeting, Blankenship and Stanley fired Brown and was told his position was being eliminated because there was not enough work, according to the suit.
Brown claims he was them escorted off the property.
The plaintiff believes he was fired because of his cancer diagnosis and the request for time off for medical treatment, according to the suit.
Brown claims the defendant also failed to pay his final wages on the next scheduled payday.
The defendant’s actions violated the West Virginia Human Rights Act, the West Virginia Wage Payment and Collection Act and substantial public policy, according to the suit.
Brown is seeking compensatory and punitive damages. He is being represented by Kristina Thomas Whiteaker and David L. Grubb of the Grubb Law Group.
The defendant is represented by Maria Greco Danaher of Ogletree Deakins.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-02290
