CHARLESTON – A Sutton man alleges he was discharged in retaliation by his employer because of his need for medical leave.

Jerry S. Adkins filed a complaint Aug. 21 in Kanawha Circuit Court against Asplundh Tree Expert Co. and John White alleging that they violated the Family and Medical Leave Act.

According to the complaint, the plaintiff was hired by the Asplundh in 2014 and was injured outside of work in January and required a short hospital stay. The suit states he left a voice mail with the defendant about the situation and was informed Jan. 5 by White that his employment had been terminated because it was believed the plaintiff had quit.

The plaintiff holds Asplundh Tree Expert Co. and White responsible because the defendants allegedly wrongfully denied him of FMLA benefits to which he is entitled and retaliated against him.

The plaintiff requests a trial by jury and seeks damages in excess of the jurisdictional limits of the court, punitive damages, attorney's fees, costs and interest and such other just and proper relief. He is represented by Karl Kolenich of Klie Law Offices PLLC in Buckhannon. The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court Case number 17-C-1204

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Organizations in this Story

Klie Law Offices, PLLC
85 W. Main St.
Buckhannon, WV - 26201

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