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Former employee accuses Kanawha County business of retaliation

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CHARLESTON — A former employee is suing a Kanawha County business, alleging retaliation.

Robert F. Branson filed a complaint May 16 in Kanawha Circuit Court against Kanawha Scales & Systems Inc., doing business as Kanawha Import-Export Group, Kanawha Used Truck Sales and Jim Jarvis, alleging they breached their duties of good faith and fair dealing.

According to the complaint, Branson suffered harassment, embarrassment, annoyance, inconvenience and emotional distress, upon his return to work Nov. 21, 2016 after a medical leave of absence due to a stroke. The suit says he was ridiculed and scolded for missing work related to his medical leave. 

Additionally, the lawsuit states, Branson suffered lost wages from his involuntary discharge Jan. 20, 2017, despite his satisfactory performance throughout the course of his employment that began in 2013. 

The plaintiff alleges the defendants subjected him to a hostile working environment, engaged in reckless disregard of the plaintiff’s legal rights under the Family and Medical Leave Act, and retaliated against Branson for exercising his FMLA rights.

Branson seeks trial by jury, judgment against the defendants, all remedies available, punitive damages, interest, attorney fees and court costs. He is represented by attorneys Todd S. Bailes and Rodney A. Smith of Bailes Smith PLLC in Charleston.

Kanawha Circuit Court case number 17-C-677

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