CHARLESTON – A former medical examiner is suing the West Virginia Department of Health and Human Resources after he claims it retaliated against him and terminated his employment.

Hamada E. Mahmoud was a medical examiner for 12 years and was approved for medical leave based on a doctor’s recommendation, according to a complaint filed July 24 in Kanawha Circuit Court.

Mahmoud claims four days after being approved for medical leave, he was terminated from his employment effective Sept. 5, 2013.

After terminating Mahmoud’s employment, the defendant wrongfully filed a complaint with the Board of Medicine that was later dismissed, according to the suit.

Mahmoud claims he suffered retaliatory discharge when the defendant terminated him without four days of taking medical leave of absence that was approved by his supervisor and ordered by the plaintiff’s personal physician.

Mahmoud is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Clinton W. Smith.

Kanawha Circuit Court case number: 17-C-1038

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