CHARLESTON – A man alleges he was terminated by his Kanawha County employer after suffering his third workplace injury.
Jonathan M. Davis filed a complaint July 6 in Kanawha Circuit Court against U.S. Foods Inc., U.S. Foods Holdings Corp., Stacey Shrimp and Jarrett Pritt alleging that they violated the West Virginia Human Rights Act and the West Virginia Workers' Compensation Act.
According to the complaint, the plaintiff was employed by the defendants as a warehouse selector from July 2013 until he was terminated in December 2016. The suit states that the plaintiff was injured at work in 2013, 2015 and 2016. He alleges he was terminated a few days after the 2016 accident.
The plaintiff holds U.S. Foods Inc., U.S. Foods Holdings Corp, Shrimp and Pritt responsible because the defendants allegedly terminated his employment based upon his impairment and/or perceived impairment.
The plaintiff requests a trial by jury and seeks all damages and remedies afforded by law, plus interest, attorney's fees and costs. He is represented by Rodney A. Smith and Todd S. Bailess of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number 17-C-978