CHARLESTON – A man is suing Maxxim Shared Services after he claims he was discriminated against and not allowed to return to work after a medical leave of absence.
Alpha Natural Resources Services; Zach Totten; Bryan Worley; Toby Edwards; Eric Stter; Mike Carpetner; Chris Coleman; Black Castle Mining Company Inc.; and John Doe Inc. were also named as defendants in the suit.
Larry Dodrill was employed by the defendants for several years prior to his termination and, more than two years before he was wrongfully terminated, he was promised and filled a foreman position which paid $82,000 to $91,000 plus benefits, according to a complaint filed July 11 in Kanawha Circuit Court.
Dodrill claims he was never paid that amount and was only paid approximately $20 per hour, which was a breach of contract; breach of duty of good faith and fair dealing; and in violation of the West Virginia Wage Payment and Collection Act.
When the plaintiff needed to take time off due to cancer, he was told he’d have a job when he returned, however, he was never permitted to return, according to the suit.
Dodrill claims he was told that people never get to return when they go off on medical leave and “that is just the way it is and always has been.”
The plaintiff was then replaced with a substantially younger employee, according to the suit.
Dodrill claims the defendants violated public policy and caused him damages.
Dodrill is seeking compensatory and punitive damages. He is being represented by D. Adrian Hoosier II and Erica Lord of Lord Hoosier.
The case is assigned to Circuit Judge Tod Kaufman.
Kanawha Circuit Court case number: 17-C-992