West Virginia Record

Monday, February 24, 2020

Man sues Doddridge County Commission for wrongful termination

By Kyla Asbury | Jul 24, 2017

Wrongful term 08

CLARKSBURG – A man is suing the Doddridge County Commission after he claims it wrongfully terminated his employment and interfered with other offers of prospective employment.

Doddridge County Ambulance Authority was also named as a defendant in the suit.

Donald Durochia was employed by the defendant from March 2011 until his termination on July 30, 2016, according to a complaint filed June 15 in Doddridge Circuit Court and removed to federal court on July 10.

Durochia claims the defendants stated that the basis for his termination was that he left work early and found his own coverage, which was against standard company procedure.

The instance upon which the defendants based their termination was on July 18, 2016, and, before his termination, the defendants were aware that the plaintiff had filed a grievance on July 23, 2016, according to the suit.

Durochia claims he informed the defendants that his wife had sustained an injury that required him to transport her for medical care and that he would, as a result, need to be off work.

On July 26, 2016, the defendants mailed the plaintiff Family Medical Leave Act paperwork to allow him to submit the same with regard to the time he had taken off on July 18 and July 23, 2016, according to the suit.

Durochia claims before his termination, he had received no disciplinary actions of any kind during his employment.

The plaintiff undertook job search efforts, which included application to the West Virginia Division of Corrections at St. Mary’s Correction Center, according to the suit.

Durochia claims after completing a physical agility test at SMCC as part of the application process, he was offered employment as a correctional officer at SMCC beginning in September 2016.

His start date for employment with WVDOC was moved repeatedly and, on Nov. 21, he received an e-mail from the executive assistant at SMCC stating that they had spoken with his previous employer and that it was in their best interest not to employ him, according to the suit.

Durochia claims the defendants’ actions in communicating with SMCC and WVDOC were malicious, false, known to be false and had the effect of interfering with the plaintiff’s prospective employment and contractual relationships with the WVDOC  and SMCC.

Durochia is seeking compensatory and punitive damages. He is being represented by Walt Auvil of the Employment Law Centre.

The defendant is being represented by Wendy E. Greve of Pullin Fowler Flanagan Brown & Poe.

U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00123

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Pullin, Fowler, Flanagan, Brown & Poe, PLLC