CLARKSBURG – A Calhoun County man alleges that he was forced to resign from his job with a Charleston company because it retaliated against him for taking leaves to care for his wife.

Kenny Taylor filed a complaint Aug. 9 in U.S. District Court for the Northern District of West Virginia at Clarksburg against Arch Coal Inc. alleging interference with the Family and Medical Leave Act.

According to the complaint, the plaintiff began working for the defendant as a roof bolter in August 2013. The suit states that in 2015, he took a three-week leave to care for his wife and newborn daughter and returned to work in February 2016. The suit states he took another leave in June 2016 for a week to care for his wife after a surgery. He alleges that after this, his schedule was changed from a four-day to a six-day work schedule because he was transferred to a regular crew because of his missed work days.

The plaintiff holds Arch Coal Inc. responsible because the defendant allegedly retaliated against the plaintiff by changing the terms and conditions of his employment for asking to go on a FMLA leaves.

The plaintiff requests a trial by jury and seeks back wages, liquidated damages, reinstatement, front pay, actual damages, general and compensatory damages, court costs, punitive damages, interest and any further relief this court grants. He is represented by Hoyt Glazer of Law Office of Hoyt Glazer PLLC in Huntington.

U.S. District Court for the Northern District of West Virginia at Clarksburg case number 1:17-cv-00139-IMK

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U.S. District Court for the Northern District of West Virginia Clarksburg Division
500 W Pike St
Clarksburg, WV - 26301

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