MORGANTOWN – A man is suing the West Virginia University Board of Governors after he claims he was discriminated against because he was disabled.
Raymond Ebner began his employment at the defendant’s Transportation and Parking facility on Jan. 5, 2008, where he worked until Nov. 21, 2016, according to a complaint filed Aug. 9 in Monongalia Circuit Court.
Ebner claims in April 2015, he sought medical leave due to Irritable Bowel Syndrome and was approved for intermittent medical leave through the Family and Medical Leave Act on June 23, 2015.
On Feb. 1, 2016, the plaintiff again applied for intermittent medical leave from Feb. 1, 2016, until March 1, 2016, as he was experiencing diarrhea, abdominal pain and anxiety, according to the suit.
Ebner claims on March 4, 2016, WVUBOG sent him a letter stating that if he needed more than five consecutive days, due to medical reasons, he would need to have a doctor’s documentation as well as a medical release as to when he could return to work.
On that day, Ebner’s physician sent a letter to the defendant requesting that his patient work afternoon shift from 2 p.m. until 10 p.m., due to insomnia, which caused him significant anxiety and physical manifestations, according to the suit.
Ebner claims he was switched to work the afternoon shift and did so throughout the spring, summer and fall months.
On Sept. 23, 2016, and Sept. 27, 2016, Ebner received written and verbal warnings, according to the suit. On Oct. 18, 2016, he received another warning for not answering telephones, however, he was not on the clock to work at the time he was alleged to not have answered the phones.
Ebner claims he received an Intent to Terminate letter on Nov. 14, 2016.
The defendant’s actions are a violation of the West Virginia Human Rights Act, according to the suit.
Ebner is seeking compensatory and punitive damages. He is being represented by Jeremy Donham of Donham Law.
Monongalia Circuit Court case number: 17-C-313
